High Court for State of TelanganaCRLP/2878/2017disposed of no costs

K Harishawar Das v. The State Of Telangana

2017-04-27A.Shankar Narayana2 pages

HONOURABLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL PETITION No.2878 of 2017 ORDER:

This criminal petition is filed by the petitioner - accused in Criminal Appeal No.276 of 2017 to relax the conditions imposed by the Sessions Court while enlarging him on bail, by order, dated 08.03.2017, in Crl.M.P. No.33 of 2017 in Crl.A.No.276 of 2017, where the Sessions Judge directed the petitioner to deposit 1/ 10th of the compensation amount within one month from the date of that order. Heard and perused the material available on record. The petitioner was found guilty of the offence punishable under Section 138 of the Negotiable Instruments Act in CC No.196 of 2017 by calander judgment, dated 13.02.2017, where the trial Court sentenced the petitioner to undergo simple imprisonment for a period of one year and to pay a fine of Rs.35,00,000/ -, out of which a sum of Rs.

10,000/ - shall be paid to the State, in default to undergo simple imprisonment for three months and the balance amount of Rs.34,90,000/ - shall be paid towards compensation to the complainant under Section 357(3) Cr.P.C. The said calander judgment was challenged before the II-Additional District & Sessions Judge, R.R.District, L.B. Nagar, and the petitioner filed bail petition and while suspending the sentence of imprisonment and compensation, the Sessions Court directed the petitioner to deposit 1/ 10th of the compensation amount within one month. The petitioner filed the present petition to reduce the amount, which is directed to be deposited by the Sessions Court, since he is unable to deposit the said amount.

It is not a ground to modify the direction issued by the Sessions Judge for deposit of 1/ 10th of the compensation amount. However, on considering the request of the learned counsel for the petitioner, time is extended for another one month i.e. till 05th June, 2017, to deposit the said amount.

Accordingly, the Criminal Petition is disposed of. __________________________ M. SATYANARAYANA MURTHY, J April 27, 2017.

KTL