← Library
High Court for State of TelanganaCRLRC/914/2019disposed of no costs

Achaini Sri Hari v. The State Of Telangana

2019-09-25G Sri Devi2 pages

HON'BLE JUSTICE G. SRI DEVI Criminal Revision Case Nos.844, 852, 856 and 914 OF 2019 COMMON ORDER :

These Criminal Revision Cases are preferred under Sections 397 and 401 of the Code of Criminal Procedure,1973(for short, the CrPC), by the self-same petitioner in detail as follows:- i) Crl.R.C.No.844 of 2019 is preferred against the order dated 26.06.2019 in Crl.M.P.No.75 of 2019 in Crl.A.No.521 of 2019 on the file of the Court of XVI Additional District and Sessions Judge-cum-XVI Additional Metropolitan Sessions Judge, Ranga Reddy district at Malkajgiri. The said Criminal Appeal is filed by the petitioner against the conviction judgment, dt.14.06.2019 in C.C.No.61 of 2017 passed by the Special Magistrate Court-I, Cyberabad at Malkajigiri. ii) Crl.R.C.No.852 of 2019 is preferred against the order dated 26.06.2019 in Crl.M.P.No.73 of 2019 in Crl.A.No.519 of 2019 passed by the aforesaid Court. The said Criminal Appeal is filed by the petitioner against the conviction judgment, dt.14.06.2019 in C.C.No.39 of 2019 passed by the Special Magistrate Court-I, Cyberabad at Malkajigiri.

iii) Crl.R.C.No.856 of 2019 is preferred against the order dated 26.06.2019 in Crl.M.P.No.76 of 2019 in Crl.A.No.522 of 2019 passed by the aforesaid Court. The said Criminal Appeal is filed by the petitioner against the conviction judgment, dt.14.06.2019 in C.C.No.37 of 2017 passed by the Special Magistrate Court-I, Cyberabad at Malkajigiri.

iv) Crl.R.C.No.914 of 2019 is preferred against the order dated 26.06.2019 in Crl.M.P.No.72 of 2019 in Crl.A.No.518 of 2019 passed by the aforesaid Court. The said Criminal Appeal is filed by the petitioner against the conviction judgment, dt.14.06.2019 in C.C.No.88 of 2017 passed by the Special Magistrate Court-I, Cyberabad at Malkajigiri.

The lower appellate Court in all the above criminal miscellaneous petitions, suspended the sentence passed by the trial Court, pending Criminal Appeal, subject to condition that the petitioner shall deposit 20%

of the disputed amount covered by the cheque within one month from the date of order and on execution of self-bond for a sum of Rs.5,000/ - with two sureties for a likesum.

Heard the learned counsel for the petitioner in common and also the learned Additional Public Prosecutor and perused the material on record. The common contentions of the learned counsel for the petitioner are that both the Courts have not looked into the judgment passed by the trial Court and failed to appreciate the facts of the cases. The petitioner is bedridden and unable to procure the amount to deposit as ordered by the lower appellate Court.

On the other hand, the learned Addl.Public Prosecutor representing 1st respondent/ State and the learned counsel for the 2nd respondentcomplainant opposed the same. Taking into consideration the submissions of the learned counsel for the petitioner and in the facts and circumstances of the cases, these Criminal Revision Cases are disposed of by directing the self-same petitioner in all the four cases to deposit 15% of cheque amount instead of 20% as ordered by the lower appellate Court, within a period of one month from today.

Miscellaneous petitions, if any, pending in these revisions shall stand closed.

________________________ JUSTICE G. SRI DEVI Dt.25.09.2019 Vvr