Lingala Vijayamma v. Meruga Nagesh

HON'BLE SRI JUSTICE U.DURGA PRASAD RAO CRIMINAL REVISION CASE No.539 of 2018 O R D E R:

Heard Sri M. Sameer Hussain, learned counsel appearing for petitioner/accused and learned Additional Public Prosecutor for respondent No.2 and this Criminal Revision Case is disposed of at the admission stage as this Court found no reason to afford notice to respondents.

2.

In this Criminal Revision Case, the petitioner/accused is challenging the docket order dated 16.2.2018 in C.C.No. 738 of 2017, on the file of III Special Magistrate, Kukatpally, Ranga Reddy District. Under the impugned order, the trial Court apart from directing the petitioner to offer a personal bond for Rs. 16,00,000/- on bind over, further directed him to deposit cash security of Rs. 25,000/- by way of FDR and also to furnish one surety for Rs. 25,000/- by the next date of hearing.

3.

The submission of the learned counsel for the petitioner is that it was not a case where the petitioner/accused absconded and brought by NBW and on the other hand, on the very first appearance, the Court has directed him to comply with the impugned conditions. Learned counsel, would submit that since the amount covered by the cheque is Rs.

UDPR, J CRL.R.C.NO. 539 OF 2018 16,00,000/-, the petitioner is ready to offer personal bond for Rs. 16,00,000/- and also to deposit cash security of Rs. 25,000/-, which would, by all means, sufficient to assure his presence and participation in the trial. He, however, would urge that the further condition of directing him to offer security of Rs. 25,000/- is onerous one and hence, may be relaxed.

4.

This Court finds reasonability in the submission. Since as per the submission of the petitioner, the amount covered by the cheque involved in the case is Rs. 16,00,000/-, he can be directed to offer personal bond for Rs. 16,00,000/- and also to deposit cash security of Rs. 25,000/- as FDR. In the considered view of this Court, there is no necessity to further mulct him with the surety of Rs. 25,000/-. Hence, the said condition alone is relaxed. The petitioner shall comply with the other aforesaid conditions within two weeks from the date of this order to the satisfaction of the trail Court.

5.

The Criminal Revision Case is disposed of accordingly. As a sequel there to, miscellaneous applications, pending if any, shall stand closed.

_________________________ U.DURGA PRASAD RAO, J Date: 23.02.2018 KA