Mohammed Areef v. M. Vinay Anand

THE HON'BLE JUSTICE G.SRI DEVI CRIMINAL PETITION No.2812 of 2019 ORDER:

This Criminal Petition, under Section 482 of Code of Criminal Procedure, 1973, is filed by the petitioner/appellant to modify the order dated 29.03.2019 passed in Crl.M.P.No.31 of 2019 in Crl.A.No.279 of 2019 by the learned XIII Additional Metropolitan Sessions Judge, Cyberabad at L.B. Nagar, Ranga Reddy District. 2.

Heard the learned counsel for the petitioner/appellant and the learned Additional Public Prosecutor representing the 2nd respondent-State and perused the record.

3.

The trial Court vide judgment dated 28.02.2019 in C.C.No.2 of 2018 convicted the petitioner/appellant for the offence under Section 138 of Negotiable Instruments Act and sentenced to undergo simple imprisonment for a period of one year and also ordered to pay a sum of Rs.25,00,000/- towards compensation. On appeal, while suspending the sentence of imprisonment, the lower Appellate Court ordered to pay 20% of the compensation amount vide impugned order.

4.

Learned counsel for the petitioner/appellant submitted that the petitioner has a small seasonal business and has to look after his old aged parents and therefore, he seeks to modify the order passed by the lower appellate Court.

5.

In view of the submissions made by the learned counsel for the petitioner/appellant, the impugned order with respect to payment of compensation is hereby modified as under:

"The petitioner/appellant is directed to deposit 10% instead of 20% of the compensation amount within a period of 30 days from today."

6.

With the above direction, the Criminal Petition is disposed of. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.

______________________ JUSTICE G.SRI DEVI 17.06.2019 ssp