K.Niranjan Reddy, v. J.Ratna Kumar And Another,

BAIL SLIP : The Petitioner/ Accused was directed to be released on bail by the order of the High Court dated 12.O8.2008, in Crl.R.C.M.P.No. 1646 of 208 in Crl.R.C No.121 5 of 2008.

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD TUESDAY,THE TWENTY SIXTH DAY OF MARCH TWO THOUSANO AND TWENW FOUR PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL REVISION CASE NO: 1215 OF 2008 Criminal Revision Case under Sections 397 & 401 of Cr.P.C. against the Judgment dated 11.08.2008, made in Crl.A. No. 88 of 2008 on the file of the Court of the XXll Additional Chief Judge-cum- the Motor Accidents Claims Tribunal City Criminal Court al Hyderabad, Preferred against the Order passed in C.C. No. 537 ol 2004, dated 13.03.2008, on the file of the Court of the lll Additional Metropolitan Magistrate at Hyderabad.

Between:

K.Niranjan Reddy, S/o. K.Janardhan Reddy, Fi/o. 3/281, Tadikondavari ST., Nawabpeta, ...PETITIONER AND '1. J.Ratna Kumar, S/o. Krishna Rao, Rl/o. D.No. B-70, Maduranagar, Ameerpet,

2. State of A.P., rep.by Public Prosecutor, Chief metropolitan Court, Hyderabad. ...COMPLAINANTS/RESPONDENT Counsel for the Petitioner : Sri K. SAI BABU Counsel for the Respondent No. 1:Sri BUJJIBABU DAVULURI Counsel for the Respondent No. 2 : PUBLIC PROSECUTOR The Court made the following : ORDER

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL REVISION CASE No.1215 0F 2008 ORDER:

This Criminar Revision Case is filed under sections 397 and 401 of the Code of Criminal procedure, 7973 (for short,Cr.p.C.,) by the revision petitioner, aggrieved by the judgment dated 11.0g.200g in Crl.A.No.88 of 2008 passed by XXII Additional Chief Judge_cum_ Before Motor Accidents Claims Tribunal, City Criminal Court, Hyderabad confirming the judgment passed in C.C.No.537 of 2004 on the file of the learned III Additionar Chief Metroporitan Magistrate, Hyderabad, for the offence punishable under section 13g of Negotiable Instruments Act, wherein the revision petitioner/accused was convicted for the offence under Section 13g of Negotiable Instruments Act.

2.

Heard. Perused the record.

3.

Briefly the case of the prosecution is that the cheque in question for Rs.1,50,000/ - was issued by the revision petitioner herein to discharge the loan amount of Rs.1,50,000/- taken earrier for

his personal necessities. The said cheque when presented for clearance was returned unpaid on the ground of ,,Account closed,,. Since the amount covered by the cheque was not paid, even after issuance of notice, a criminal complaint was filed. 4.

The Trial Court found that the cheque was issued towards legally enforceable debt and the revision petitioner is liable to pay the amount covered by the cheque. The finding of the learned Magistrate was confirmed by the Sessions Court in Appeal. 5.

The finding of the Courts below needs no interference since the revision petitioner has failed to discharge his burden by adducing evidence or making out a case from the evidence produced by the complainant.

6.

The learned counsel appearing for revision petitioner would submit that the revision petitioner is suffering from cancer and is inclined to deposit Rs.2,00,000/- before the trial court by taking a Fixed Deposit Receipt in the name of the complainant.

7.

In the said circumstance, this Court is inclined to consider reducing the sentence of imprisonment which was imposed by the I I trial Court and confirmed by the Sessions Court to the period already undergone.

8.

Keeping in view the facts of the present case, the revision petitioner/accused is directed to deposit Rs.2,00,000/- before the trial Court by taking an FDR in the name of the complainant. The said FDR shall be taken and deposited before the trial court within a period of three weeks from the date of the order of this Court, failing which the revision petitioner shall undergo default imprisonment of six months.

9.

The trial Court shall summon the complainant and hand over the Fixed Deposit Receipt deposited by the accused after due verification

10. With the above direction, this Criminal Revision Case is partly allowed

Miscellaneous Petitions, pending if any, shall stand closed' sd/- T. sRtNtvAs DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1 . The lll Additional Metropolitan Magistrate at Hyderabad.

2. The XXll Additional Chief Judge-cum- the l\ilotor Accidents Claims Tribunat City Criminal Court at Hyderabad.

3. The Chief Metropolitan Court, Hyderabad.

4. The Superintendent, Central Prison, Chenchalguda, Hyderabad.

5. Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad. (OUT)

6. One CC to SRl. K SAI BABU, Advocate [OPUC]

7. One CC to SRl. BUJJIBABU DAVULURI, Advocate [OPUC]

8. Two CD Copies L @

HIGH COURT DATED:2610312024 1HE sl a;a--- ).'

.,.+ 1t.l :] 3 0 llAR 2024

ORDER

CRLRC.No.1215 of 2008 ). {- l,l- 1t t','

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PARTLY ALLOWNG THE Crl.R.C.

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