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2023 DIGILAW 1177 (AP)

Manthada Rajesh v. State of Andhra Pradesh

2023-08-08

K.SREENIVASA REDDY

body2023
ORDER : K.Sreenivasa Reddy, J. This Criminal Petition, under Section 482 Cr.P.C., has been filed against the order, dated 01.08.2023 in Crl.M.P.No.503 of 2023 in Crl.M.P.No.172 of 2022 in Criminal Appeal No.90 of 2022 on the file of the learned VI Additional Metropolitan Sessions Judge-cum-XII Additional District and Sessions Judge, Vijayawada. 2. A private complaint has been filed against the petitioner for the offence punishable under Section 138 read with 142 of the Negotiable Instruments Act and the same was taken on file as C.C.No.506 of 2018 on the file of the learned I Special Magistrate, Vijayawada. The learned Magistrate, after full-fledged trial, convicted the petitioner herein and sentenced to suffer simple imprisonment for 6 months and pay fine of Rs.7,00,000/-, in default of payment of fine, the petitioner was ordered to suffer simple imprisonment for 6 months, and out of the fine amount, an amount of Rs.6,90,000/- was awarded to the complainant towards compensation under Section 357 Cr.P.C. 3. Against the said conviction and sentence, the petitioner herein preferred appeal in Criminal Appeal No.90 of 2022 on the file of the learned VI Additional Metropolitan Sessions Judge-cum-XII Additional District and Sessions Judge, Vijayawada. By an order, dated 04.06.2022 in Crl.M.P.No.172 of 2022 in Criminal Appeal No.90 of 2022, the appellate Court suspended the execution of sentence till disposal of the main appeal on a condition of depositing 20% of the compensation amount as ordered by the trial Court including an amount of Rs.10,000/- which was already deposited by the petitioner, before the trial Court within 60 days from the date of the said order apart from the terms and conditions already imposed by the trial Court while suspending the sentence, and ordered to release the petitioner on bail on executing a bond for Rs.10,000/- with two sureties for like sum each to the satisfaction of the learned I Special Magistrate, Vijayawada. Petition in Crl.M.P.No.503 of 2023 filed by the petitioner seeking extension of trial granted in the aforesaid Order dated 04.06.2022, was dismissed by the appellate Court, vide the impugned Order. Aggrieved by the same, the present Criminal Petition is filed. 4. Heard. Perused the record. 5. Petition in Crl.M.P.No.503 of 2023 filed by the petitioner seeking extension of trial granted in the aforesaid Order dated 04.06.2022, was dismissed by the appellate Court, vide the impugned Order. Aggrieved by the same, the present Criminal Petition is filed. 4. Heard. Perused the record. 5. It is submitted by the learned counsel for the petitioner that as the petitioner's elder son was seriously bed-ridden, the petitioner could not deposit the 20% of the amount, as directed by the appellate Court and hence he prays to grant some time to the petitioner for deposit of the same. The reason for non-depositing of the 20% of the compensation amount is only due to the ill-health of the petitioner's son. Because of the expenses that has incurred for the treatment of his son, he could not deposit the said amount. 6. In view of the aforesaid circumstances, the impugned order dated 01.08.2023 passed in Crl.M.P.No.503 of 2023 in Crl.M.P.No.172 of 2022 in Criminal Appeal No.90 of 2022 on the file of the learned VI Additional Metropolitan Sessions Judge-cum-XII Additional District and Sessions Judge, Vijayawada is set aside. Consequently, Crl.M.P.No.503 of 2022 stands allowed, and the condition imposed in the Order dated 04.06.2022 passed by the appellate Court in Crl.M.P.No.172 of 2022 in Crl.A.No.90 of 2022 is modified, with the direction to the petitioner herein to deposit 20% of the cheque amount, instead of 20% of the compensation amount, within a period of four (4) weeks from the date of receipt of copy of this order. 7. With the above direction, the Criminal Petition is disposed of. As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed.