High Court for State of TelanganaCRLRC/1660/2016disposed of no costs

V.Yadagiri Reddy v. A.Raju Goud

2016-06-28Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1660 of 2016 ORDER:

1. This Criminal Revision Case is filed by the petitioner aggrieved by the order dated 14.6.2016 passed in Crl.M.P.No.42 of 2016 in Crl.A.No.519 of 2016 by the XIII Additional District & Sessions Judge, Ranga Reddy District at L.B. Nagar.

2. In C.C.No.4 of 2015 on the file of the Special Metropolitan Magistrate, Hayathnagar, the petitioner was convicted and sentenced to undergo rigorous imprisonment for a period of one year and to pay compensation of Rs.20 lakhs to the complainant within 45 days in default to suffer six months simple imprisonment for the offence under Section 138 of the Negotiable Instruments Act. Aggrieved by the same, the petitioner filed Crl.A.No.519 of 2016 before the learned XIII Additional District & Sessions Judge, Ranga Reddy District at L.B. Nagar. Along with the appeal, the petitioner filed the above Crl.M.P. seeking suspension of the sentence of imprisonment and the compensation. The learned Sessions Judge while suspending the sentence directed the petitioner to deposit 10% of the cheque amount, which comes to Rs.2 lakhs, in the lower Court within 30 days. Aggrieved by the said condition, the petitioner filed this revision.

3. Heard and perused the material available on record.

4. Considering the facts and circumstances of the case and in view of the pendency of the appeal, this Court is inclined to pass the following order:

"The condition imposed by the learned XIII Additional District & Sessions Judge, Ranga Reddy District, directing the petitioner to deposit 10% of the cheque amount viz., Rs.2 lakhs within 30 days before the trial Court, is alone is

set aside. Rest of the order under revision shall remain.

5. With the above modification, the Criminal Revision Case is disposed of. Consequently, Miscellaneous petitions pending, if any, shall stand closed.

_____________________ JUSTICE RAJA ELANGO Dated: 28th June, 2016 Nn

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1660 of 2016 28.6.2016 Nn