M/S. Kailash Marketing v. M/S. Pragati Home Appliances

SMT JUSTICE T.RAJANI CRIMINAL PETITON Nos.1448, 1449 AND 1462 OF 2018 COMMON ORDER:

These petitions are filed seeking for relaxation of the condition, which was imposed at the time of suspending the sentence which was awarded against the petitioner in Crl.M.P.No.36 of 2018 in Crl.A.No.9 of 2018, Crl.M.P.No.34 of 2018 in Crl.A.No.7 of 2018 and Crl.M.P.No.35 of 2018 in Crl.A.No.8 of 2018 on the file of Metropolitan Sessions Judge, Hyderabad, respectively.

2.

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

3.

The court ordered half of the cheque amount to be deposited, as a condition for suspending the sentence. The counsel for the petitioner submits that the petitioner is not in a position to pay the said amount and that he disputed the issuance of cheques towards the legally enforceable debt. 3.

Hence, considering the above facts, this Court opines that modifying said condition to the extent of depositing 1/4th of the cheque amount would meet the ends of justice. 4.

Accordingly, the criminal petition is allowed and the condition of depositing half of the cheque amount is modified to depositing of 1/4th of the cheque amount for suspension of

sentence imposed by the Metropolitan Sessions Judge, Hyderabad, in Crl.M.P.No.36 of 2018 in Crl.A.No.9 of 2018, Crl.M.P.No.34 of in Crl.A.No.7 of and Crl.M.P.No.35 of 2018 in Crl.A.No.8 of 2018 respectively. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. _____________ T.RAJANI, J 14.02.2018 SS