Gandiparti Venkateswarlu v. Ahalya

HONOURABLE SRI JUSTICE P.KESHAVA RAO Crl.R.C.No.118 of 2014 ORDER:

Heard learned counsel for both parties.

The present Crl.R.C. is filed against the order, dated 26.12.2013, passed by the learned III Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar in Crl.M.P.No.380 of 2013 in Crl.A.No.807 of 2013, ordering the petitioner to be released on bail on his depositing a sum of Rs.75,000/- within one month and on his executing a bond for a sum of Rs.5,000/- with two sureties each for like sum to the satisfaction of the said Court. The matter arises for the offence under Sections 138 of the Negotiable Instruments Act, 1881 (for short 'N.I.Act'). The learned VII Metropolitan Magistrate, Cyberabad, Hayathnagar, after a full fledged trial, by judgment dated 27.11.2013, found the petitioner herein guilty of the offence under Section 138 of the N.I.

Act and convicted him to undergo simple imprisonment for 1 1⁄2 years and to pay a fine of Rs.2,25,000/-, in default of payment of fine, the petitioner shall undergo simple imprisonment for nine months. Out of the said fine amount, respondent No.1 herein will be given the compensation of Rs.2,20,000/- under Section 357 Cr.P.C. read with Section 138 of the N.I. Act. Aggrieved by the said judgment, the petitioner herein filed Criminal Appeal, vide Crl.A.No.807 of 2013 on the file of the VII Metropolitan Magistrate, Cyberabad, Hayathnagar. Pending the said appeal, the petitioner filed a Miscellaneous Petition in Crl.M.P.No.380 of 2013 seeking suspension of the judgment pending the appeal.

After hearing the learned counsel for the petitioner herein, the lower appellate Court allowed the said application by order, dated 26.12.2013, ordering release of the petitioner subject to the conditions mentioned hereinabove. Assailing the said order, the present Revision is filed.

When the matter is taken up for hearing, it is informed by the learned counsel for both parties that the Criminal Appeal is listed before the lower appellate Court on 17.9.2019. Both the learned counsel mutually agreed and submitted that the lower appellate Court may be directed to dispose of the Criminal Appeal within a specified period.

Taking into consideration the said submission and having regard to the fact that this Revision is of the year 2014, the learned III Additional District and Sessions judge, Ranga Reddy District at L.B.Nagar, shall dispose of Criminal Appeal No.807 of 2013 within a period of three months from the date of receipt of a copy of this order.

With the above direction, the Revision is disposed of. Interim order, dated 05.7.2019, granted by this Court in I.A.No.2 of 2019 shall continue till the disposal of the aforesaid appeal by the lower appellate Court.

As a sequel, the Miscellaneous Petitions pending, if any, shall also stand disposed of. No order as to costs. ______________________ JUSTICE P.KESHAVA RAO 30th August, 2019 dr