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High Court for State of TelanganaCRLP/1426/2020disposed of no costs

Gujja Yadi Reddy v. The State Of Telangana And Another

2020-02-27G Sri Devi2 pages

THE HON'BLE JUSTICE G.SRI DEVI CRIMINAL PETITION No.1426 of 2020 ORDER:

This Criminal Petition under Section 482 of Cr.P.C., is filed by the petitioner/accused seeking to extend the time granted in Crl.M.P.No.246 of 2019 in Crl.A.No.879 of 2019 on the file of the learned V Additional Metropolitan Sessions Judge, Ranga Reddy District at L.B.Nagar, Hyderabad, vide order dated 18.11.2019. 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 six months and to pay cheque amount of Rs.10,00,000/- as fine, in default to suffer simple imprisonment for three months. During the course of appeal, the appellate Court, by the impugned order while suspending the sentence of imprisonment, directed the petitioner to deposit 20% of cheque amount awarded by the trial Court, within two months from that date, and enlarged him on bail on condition of his executing a personal bond for a sum of Rs.5,000/- with one surety for the like sum to the satisfaction of the trial Court. 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 the same by this Court. However, the petitioner/accused is directed to deposit 20% of cheque amount, as directed by the appellate Court, positively by 11.03.2020 and no further extension of time will be granted to him. In the meantime, since the petitioner/accused was arrested in execution of non-bailable warrant, he shall be released on bail on the same terms and conditions as imposed by the appellate Court while suspending the sentence of imprisonment. 5.

Subject to the above, the Criminal Petition is disposed of. 6.

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

____________ G.SRI DEVI, J 27th February, 2020 dr