Sri Venkateswara Swamy Chilli Powder And Turmeric Power v. Andhra Bank,

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1969 OF 2015 ORDER:

The present criminal revision case is filed by the petitioner challenging the order, dated 31.08.2015, passed in Crl.M.P.No.421 of 2015 in Criminal Appeal No.121 of 2015 on the file of the I Additional Sessions Judge, Ongole, whereby the lower appellate Court suspended the sentence of imprisonment on condition of the petitioner depositing 50% of the cheque amount.

Heard and perused the material available on record. Learned counsel for the petitioner submitted that the petitioner is unable to deposit 50% of the cheque amount as imposed by the Court below as he is financially incapacitated. He prays this Court to set aside the condition of the petitioner depositing 50% of the cheque amount.

Considering the facts and circumstances of the case, once the matter is admitted for adjudication, this Court is of the view that there is no need for imposing such a condition and as such, the condition imposed by the lower appellate Court that the petitioner shall deposit 50% of the cheque amount is hereby set aside and the remaining part of the Order of the lower appellate Court is confirmed. With the above observations, the Criminal Revision Case is disposed of. Consequently, the miscellaneous petitions filed in this revision, if any, shall stand closed.

_____________________ JUSTICE RAJA ELANGO 11.09.2015 pln