Immandi Veerabhadra Rao v. Thokkula Venkata Satya Durga Ramesh

THE HON'BLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION No.13948 OF 2016 ORDER:

The present petition is filed requesting to quash the order, dated 07.09.2016, passed in C.C.No.474 of 2015 on the file of III Additional Judicial Magistrate of First Class at Rajahmundry, East Godavari District, to the extent of directing the petitioner to furnish sureties bond for an amount of Rs.10,000/- with two sureties for a like sum each and, of course, to pass such other order or orders this Court deems fit.

2. The allegations levelled in the said Calendar Case relate to the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, alleged to have been committed by the petitioner herein - sole accused.

3. It appears, when the petitioner filed a petition to recall the non-bailable warrant issued against him, the Court below directed him to furnish personal bond for an amount of Rs.10,000/- with two sureties for a like sum each. That part of the order is now questioned.

4. Learned counsel for the petitioner placed reliance on an order passed by this Court in Crl.R.C.No.1817 of 2016, wherein, in a similar situation, this Court, modified the order under challenge therein to the extent of directing the petitioner therein to execute self

bond for a sum of Rs.10,000/- with two sureties for a sum of Rs.2,000/- each and also to appear before the Court below regularly.

5. Therefore, the petitioner is directed to execute self bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for a sum of Rs.2,000/- each and shall appear before the Court below regularly.

6. Accordingly, the Criminal Petition is disposed of. Miscellaneous Petitions, if any, pending in this Criminal Petition, shall stand closed.

___________________________ A. SHANKAR NARAYANA, J September 29, 2016.

MD