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High Court for State of TelanganaCRLP/638/2018allowed no costs

Mohd Abdul Wajid v. Sachin Kumar Jain

2018-01-29T. Rajani2 pages

SMT JUSTI CE T. RAJANI CRI MI NAL PETI TI ON No.6 3 8 of 2 0 1 8 ORDER:

This petition is filed seeking for relaxation of the condition imposed by the Metropolitan Sessions Judge, Hyderabad, passed in Criminal Miscellaneous Petition No.3344 of 2018 in Crl.A.No.1379 of 2017, dated 12.01.2018.

2.

Heard the counsel for the petitioner and the Public Prosecutor appearing for the respondent.

3.

By the impugned order, the appellate court, while suspending the sentence imposed against the petitioner, imposed a condition of deposit of half of the cheque amount against the petitioner.

4.

The counsel for the petitioner submits that the condition imposed is onerous and seeks for relaxation of the same. 5.

Considering the defences taken by the petitioner, this court is of the opinion that the said condition can be modified.

6.

With the above observations, the Criminal Petition is partly allowed and the condition imposed by the Metropolitan Sessions Judge, Hyderabad, passed in Criminal Miscellaneous Petition No.3344 of 2018 in Crl.A.No.1379 of 2017, dated 12.01.2018, is modified and the petitioner is directed to deposit 20% of the cheque amount in stead of 50% .

As a sequel, the miscellaneous applications, if any pending, shall stand closed.

_ _ _ _ _ _ _ _ _ _ T. RAJANI , J January 29, 2018 LMV