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High Court for State of TelanganaCRLP/4581/2014disposed of no costs

Abhimalla Yadagiri, v. The State Of Andhra Pradesh,

2015-11-25Raja Elango2 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITON No.4581 of 2014

ORDER

This petition under Section 482 Cr.P.C., is filed by the petitioner/accused seeking to modify the conditional order dated 02.04.2014 passed in Crl.M.P.No.80 of 2014 in Crl.A.No.223 of 2014 on the file of VII Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar, by relaxing the condition of deposit of Rs.2,00,000/- of cheque amount.

2. Heard and perused the material on record.

3. The trial Court convicted the accused for the offence punishable under Section 138 of Negotiable Instrument Act, 1881 and sentenced him to undergo simple imprisonment for a period of six months and to pay a fine of Rs.9,10,000/- in default, he shall undergo simple imprisonment for a period of one month. While suspending the said sentence of imprisonment, the appellate Court directed the petitioner to deposit an amount of Rs.2,00,000/- within one month from the date of the order. Challenging the same, the petitioner filed the present revision.

4. This Court, by order dated 21.04.2014, suspended the order of the appellate Court with regard to deposit of Rs.2 lakhs within one month.

5. Learned counsel for the second respondent/complainant submits that in view of the stay granted by this Court, the case is pending before the trial Court.

6. Admittedly, in the order passed by the appellate Court, there is no default clause. Since it is represented that the appeal is ready for arguments, the appellate Court is directed to dispose of the appeal within a period of two months from the date of

receipt of a copy of this order without insisting the petitioner for payment of Rs.2 lakhs as directed by the said Court.

7. With the above direction, the Criminal Petition is disposed of. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. _______________ RAJA ELANGO, J 25th November, 2015 sj