Mallu Giridhar Reddy, Nellore v. Banda Siva Prasad Reddy, Nellore And Ano

THE HON'BLE SRI JUSTICE P. KESHAVA RAO CRIMINAL REVISION CASE No.2189 of 2014 ORDER:

Herd the learned counsel for the petitioner.

The present Criminal Revision Case is filed aggrieved by the orders passed in Crl.M.P.No.275 of 2014 in Criminal Appeal No.154 of 2014 dated 12.8.2014 on the file of III Additional District and Sessions Judge, Nellore in suspending the sentence imposed in C.C.No.217 of 2013 till the disposal of the appeal with the same terms and conditions as imposed by the trial court i.e. to pay compensation of Rs.2,00,00,000/- to the complainant, in default of payment of the same, he shall further undergo simple imprisonment of six months.

The facts in brief are that the 1st respondent-accused has been charged for the offence under Sections 138 and 142 of Negotiable Instruments Act. On trial, the 1st respondent-accused has been convicted by the Judicial Magistrate of I Class, Special Mobile Court, Nellore. Aggrieved by the said judgment, the 1st respondent-accused filed appeal before the III Additional District and Sessions Judge, Nellore.

Pending appeal, he filed Crl.M.P.No.275 of 2014 seeking suspension of the sentence imposed on him. The said petition was ordered subject to the 1st respondent-accused paying a sum of Rs.2,00,00,000/- covered by Exs.P1 to P10 and in default the accused has to undergo simple imprisonment for a period of six months.

Learned counsel for the petitioner during the course of hearing brought to the notice of this Court that the above said criminal appeal is still pending consideration on the file of the lower appellate Court. Therefore, he requests this Court to direct the Sessions Judge to dispose of the appeal within a stipulated period.

Taking the said submission into consideration, the III Additional District and Sessions Judge, Nellore is hereby directed to dispose of the Criminal Appeal No.154 of 2014 as expeditiously as possible, preferably within a period of two months from the date of receipt of a copy of the order.

With the above observation, the Criminal Revision Case is disposed of.

Miscellaneous petitions pending, if any, shall stand closed. ___________________________ JUSTICE P.KESHAVA RAO Date: 27.08.2018 lkv