High Court for State of TelanganaCRLP/6748/2022disposed of no costs

K. Purnachander Reddy v. The State Of Telangana And Another

2022-07-28Chillakur Sumalatha5 pages

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY ,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE DR. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION NO: 6748 OF 2022 Between:

K. Purnachander Reddy, S/o.Ganpath Reddy, Age 46 years, Occ. Business, R/o.MlGH-4, AP Housing Board Colony, infront of St. Joseph's Convent High School, Adilabad, Dist. Adilabad.

...PETITIONER AND

1. The State of Telangana , Rep. by Public Prosecutor, High Court for the State of Telangana.

2. Battu Devender, S/o.Ganpath Reddy, Age 48 years, Occ. Business, R/o.H.No.4-3-358/1 , Opp. Diet College, Dwarakanagar, Adilabad, Dist. Adilabad.

...RESPONDENTS Petition under Section 482 ol Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the condition imposed by the District and Sessions Judge, Adilabad in CRIVP No. 6612022 in CRLA No.2612022 dt2210712022 directing this petitioner to deposit 30 percentage of the fine/co m pen sation imposed by the trial court while suspending sentence imposed by the trial court . l.A. NO: 1 OF 2022 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to stay the condition imposed by the District and Sessions Judge, Adilabad in CRMP No. 6612022 in CRLA No.2612022 dl 22.07.2022 directing this petitioner to deposit 30 percentage of the fine/compensation imposed by the trial court.

This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri KONDADI AJAY KUMAR,Advocate for the Petitioner and the Assistant Public Prosecutor on behalf of the Respondent No.1 The Court made the following: ORDER

THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.6748 OF 2022ORDER, Seeking the Court to set aside the order dated 22.07.2022 that is rendered by the Court of Sessions Judge, Adilabad, in Cr1.M.P.No.66 of 2Q22 in Crl.A.No.26 of 2022, the present criminal petition is filed. 2.

Heard the submission of learned counsel for the petitioner as well as learned Assistant Public Prosecutor, who is representing respondent No. 1. In the light of the limited relief sought for, issuance of notice to respondent No.2 is felt not necessary.

Learned counsel for the petitioner submits that the petitioner is arrayed as accused in C.C.No.414 of 2016 that is pending on the file of the Court of Special Judicial Magistrate of First Class, Adilabad. He states that the said Calendar Case was disposed of and the petitioner was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act. Learned counsel submits that compensation of Rs.32,84,000/- was awarded, which :

includes interest on the cheque amount, which is unjustifiable. Learned counsel further states that the

DT.CSL.J Ol.P.No.6718 of 2022 petitioner preferred an appeal and the Appellate Court' while suspending the sentence' directed the petitioner to deposit 30% of the compensation. Learned counsel submits that when the award of interest on the cheque amount is under challenge, insisting the petitioner to deposit 3O% of the compensation is unjustifiable.

Having considered the said submission and as no other ground is urged, this Court is of the view that the impugned order is required to be modified'

Resultantly, the criminal petition is disposed of' modifying the order d'ated' 22.07.2022 rendered by the Court of Sessions Judge, Adilabad, in Crl'M'P'No'66 of 2022 in Crl.A.No.26 of 2022 to the extent of directing the petitioner to deposit 2Ook of the compensation as imposed by the trial Court, instead of 30%, and all other conditions imposed by the Appellate Court shall hold good' As a sequel, miscellaneous petitions pending, if any' shall stand clos e_d.

Sd/-K.SAILESHI DEPUTY REMTRAR ,TRUE COPY// sEcfloN 6rrtceR To, The I Additional Sessions Judge' FAC' District and Sessions Judge' Adilabad'

The Special Judicial Magistrate of First Class Mobile (PCR) ' Adilabad '

Lwg CCs to Public Prosecutor, High Court for the State of Telangana, at Hyderabad.

One CC to SRl. KONDADT AJAY KUMAR Advocate tOpUCl

5. Two CD Copies

6. One Spare CopyY CDL

HIGH COURT DATED:2810712022 I :

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ORDER

3 [ JUL 2022 CRLP.No.6748 ot 2022 .i ES ATC t l) DISPOSING OF THE CRIMINAL PETITIoIN .