Garimella Jayasree v. Smt.Lolla Nagamani

HON'BLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.5930 of 2018 ORDER:

Heard and perused the impugned order.

The learned counsel for the petitioner has drawn attention to the expression of the Apex Court in Dilip S. Dahanukar Vs. Kotak Mahindra Company Limited1 that there not less than 1/10th is ordered to be deposited pending appeal by suspending the sentence. Whereas the lower appellate Court passed the order of the suspension of sentence subject to deposit of 25% of the amount and thereby the same requires to be modified. Having regard to the above, the Criminal Petition is disposed of before admission, referring to that expression by directing the petitioner to deposit 1/6th of the amount on or before 27.06.2018, failing which the trial Court can enforce for recovery of the compensation amount by levying under Section 421 r/w 431 Cr.P.C. In the event of the petitioner deposited the amount, the respondent/complainant is permitted to withdraw the amount subject to furnishing of security to make good in the event of reversal of the trial Court judgment in the pending appeal.

Miscellaneous petitions, if any, shall stand closed. _______________________________ Dr. B. SIVA SANKARA RAO, J Date: 20.06.2018 ska 1 2007 (6) SCC 528