Banothu Gandi Naik v. The State Of Telangana

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL REVISION CASE No.150 of 2019 ORDER :

Heard learned counsel for the petitioner before admission and before notice to the 2nd respondent/de facto complainant and also the learned Public Prosecutor, representing the State/1st respondent. 2.

Perused the grounds of revision and the impugned order of the learned Sessions Judge pending Crl.A.No.98 of in Crl.M.P.No.43 of 2019, dated 04.02.2019, and the conviction judgment of the trial Court in C.C.No.164 of 2016 against which, the appeal is maintained impugning the trial Court's judgment of simple imprisonment for six months and to pay compensation of Rs.21,00,000/- under Section 357 Cr.P.C. by granting two months time from the date of judgment, dated 24.01.2019, by the trial Judge and the learned Sessions Judge pending the appeal in Crl.M.P.No.43 of 2019 by impugned order, dated 04.02.2019, supra suspended the sentence of payment of compensation, while granting bail, subject to payment of 15% of the compensation amount supra within 30 days. Even from the expression of the Apex Court in Dilip S. Dahanukar Vs. Kotak Mahindra Company Limited1, the amount awarded is no way requires interference.

3.

Having regard to the above, there is nothing to interfere with that discretionary order of the learned Sessions Judge pending appeal in directing to pay 15% of the compensation amount by fixing time 1 2007 (6) SCC 528

but for from the difficulty expressed to grant time for payment of the said amount of 15%, granting four weeks time from the date of receipt of a copy of the order.

4.

With the above direction, the criminal revision case is disposed of.

Miscellaneous petitions pending, if any, shall stand closed. ____________________________ Dr. B. SIVA SANKARA RAO, J 15th February 2019 mar