J. Ramesh Babu v. P. Surendra Phani

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8511 OF 2016 ORDER:

This Criminal Petition is filed by the petitioner seeking to relax the condition imposed by the III Additional District & Sessions Judge, Ranga Reddy District, L.B. Nagar in Crl.M.P.No.155 of 2016 in Crl.A.No.446 of 2016.

In C.C.No.234 of 2015 on the file of the IX Special Magistrate, L.B. Nagar, Ranga Reddy District, the petitioner was convicted for the offence under Section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for a period of six months and to pay compensation of Rs.4,50,000/- to the complainant, in default, to undergo simple imprisonment for one month. Aggrieved by the same, the petitioner-accused filed the above Criminal Appeal. Along with the appeal, he filed the above Crl.M.P. seeking to suspend the sentence.

While suspending the sentence, the learned III Additional District & Sessions Judge directed the petitioner to deposit 1/4th of the compensation/fine amount.

Aggrieved by the said condition, the petitioner filed this petition. Heard and perused the material available on record. Learned Additional Public Prosecutor opposed this petition. Considering the facts and circumstances of the case, this Court is inclined to pass the following order:

"The condition imposed by the learned III Additional District & Sessions Judge, Ranga Reddy District, in the order impugned, directing the petitioner to deposit 1/4th of the compensation/fine amount, which comes to Rs.1,12,500/-, alone is set aside.

Rest of the order

impugned herein shall remain."

Accordingly, the Criminal Petition is disposed of.

Consequently, miscellaneous petitions pending, if any, shall stand closed.

______________________ JUSTICE RAJA ELANGO Date : 23.6.2016 Nn HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL PETITION No.8511 OF 2016 DATED 23.6.2016 Nn