J. Anitha v. P. Surendra Phani

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8477 OF 2016 ORDER:

This Criminal Petition is filed by the petitioner seeking to relax the condition imposed by the III Additional District & Sessions Judge, Ranga Reddy District, L.B. Nagar in Crl.M.P.No.154 of 2016 in Crl.A.No.445 of 2016.

In C.C.No.235 of 2015 on the file of the IX Special Magistrate, L.B. Nagar, Ranga Reddy District, the petitioner was convicted for the offence under Section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for a period of six months and to pay compensation of Rs.4,00,000/- to the complainant, in default, to undergo simple imprisonment for one month. Aggrieved by the same, the petitioner-accused filed the above Criminal Appeal. Along with the appeal, she filed the above Crl.M.P. seeking to suspend the sentence.

While suspending the sentence, the learned III Additional District & Sessions Judge directed the petitioner to deposit 1/4th of the compensation/fine amount.

Aggrieved by the said condition, the petitioner filed this petition. Heard and perused the material available on record. Learned Additional Public Prosecutor opposed this petition. Considering the facts and circumstances of the case, this Court is inclined to pass the following order:

"The condition imposed by the learned III Additional District & Sessions Judge, Ranga Reddy District, in the order impugned, directing the petitioner to deposit 1/4th of the compensation/fine amount, which comes to

Rs.1,00,000/-, alone is set aside.

Rest of the order impugned herein shall remain."

Accordingly, the Criminal Petition is disposed of.

Consequently, miscellaneous petitions pending, if any, shall stand closed.

______________________ JUSTICE RAJA ELANGO Date : 23.6.2016 Nn

HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8477 OF 2016 DATED 23.6.2016 Nn