E.Jyotheeswara Naidu v. The State Of A.P. And Another

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.6266 of 2015 ORDER :

Heard learned counsel for the petitioner/accused and also the 1st respondent-State represented by Public Prosecutor and though the notice was ordered and served on the 2nd respondent failed to attend and perused the impugned order of the learned District and Sessions Judge, Chittoor in Crl.M.P.No.6266 of 2015 in Crl.A.No.80 of 2015, while suspending the sentence of six months imprisonment and compensation of Rs.2,15,000/- for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 in C.C.No.325 of 2013 (STC.No.41 of 2012) dated 05.04.2015, directing to deposit half of the said cheque amount within 15 days, by impugning order dated 31.03.2015.

2. It is the submission of the learned counsel for the petitioner that already Rs.50,000/- deposited out of Rs.1,25,000/- on 22.06.2015, though not within time, and he is ready to pay the remaining balance of Rs.75,000/- if time is extended.

3. Having regard to the above, time is extended till 15.09.2015 to pay or deposit. Failing which, learned Magistrate concerned can issue warrant for recovery of fine/compensation under Section 431 read 421 Cr.P.C. to

enforce and recovery.

4. Accordingly, the criminal petition is disposed of.

5. Miscellaneous petitions pending, if any, shall stand dismissed.

____________________________ Dr. B. SIVA SANKARA RAO, J 19th August 2015.

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