Mukhram Ali Khan, v. Md. Saleemullah Khan,

SMT JUSTI CE T. RAJANI CRI MI NAL PETI TI ON No.2 2 5 2 of 2 0 1 8 ORDER:

The criminal petition is filed seeking for modification of the orders in CRLMP.No.10 of 2018 in CRLA.No.28 of 2018 dated 22.01.2017 passed by the Additional Metropolitan Sessions Judge, Cyberabad, L.B. Nagar by reducing the 1/ 4th of compensation (Rs.1,25,000/ -) amount to 10% of the cheque amount (Rs.50,000/ -) by further extending time by six (6) weeks.

2.

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

3.

The counsel for the petitioner submits that the petitioner has good defence and that MOU was cancelled and as per the MOU, all the documents have to be returned and except cheque, all the other documents were returned and cheque was utilized for filing this case. He also submits that P.W.1 gave a reply notice stating that he misplaced the cheque.

4.

Hence, considering the above, this Court opines that the condition imposed by the Court below can be modified to the extent of directing the petitioner to deposit 10% of the cheque amount within a period of two (2) weeks from the date of this order, instead of 1/ 4th. The criminal petition is allowed. As a sequel, the miscellaneous applications, if any pending, shall stand closed. __________ T. RAJANI, J February 23, 2018 DSK