Andol Jagadishwar v. The State Of Telangana

THE HON'BLE JUSTICE G.SRI DEVI CRIMINAL PETITION No.1169 of 2020 ORDER:

This Criminal Petition under Section 482 of Cr.P.C., is filed by the petitioner/accused seeking to set aside the condition imposed by the learned IV Additional Metropolitan Sessions Judge, Hyderabad, in Crl.M.P.No.1950 of in Crl.A.No.1148 of dated 30.12.2019, directing him to deposit 20% of the compensation awarded by the trial Court.

2.

Heard learned counsel for the petitioner/accused and learned Additional Public Prosecutor for the 1st respondent-State. 3.

The petitioner/accused was convicted for the offence under Section 138 of Negotiable Instruments Act, and sentenced to suffer simple imprisonment for one year and to pay fine equivalent to double the cheques amounting to Rs.3.60 crores, in default to suffer simple imprisonment for six months. During the course of appeal, the appellate Court, while suspending the sentence of imprisonment, directed the petitioner to deposit 20% of the compensation awarded by the trial Court, within 60 days. However, the petitioner has not deposited the said amount within the stipulated time. 4.

Having regard to the facts and circumstances and in view of the nature of offence committed by the petitioner/accused, the appellate Court has rightly imposed the aforesaid nominal condition and there is no need to interfere with by this Court. However, two weeks time from today is granted to the petitioner/accused to deposit 20% of compensation as ordered by the Court below vide order

GSD, J Crl.P.No.1169 of 2020 dated 30.12.2019 in Crl.M.P.No.1950 of 2019 in Crl.A.No.1148 of 2019. However, no further extension of time will be granted to the petitioner/accused.

6.

Subject to the above, the Criminal Petition is disposed of. 7.

Miscellaneous petitions, if any pending in this criminal petition, shall stand closed.

____________ G.SRI DEVI, J 18th February, 2020 sj