M/S Anvkar Steel House, Sec-Bad v. M/S Prathiba Chit Funds Pvt. Ltd.,Sec-Bad And Another
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOUR,ABLE DT. JUSTICE CHILLAKUR SUMALATHA CRIMINAL REVISION CASE NO. 337 OF 2015 Criminal Revision Case Under Section 397 r/w 401 Cr.P.C. aggrieved by the Judgment dated 09.02.2015 in Crl.A.No.1196 ol 2012 on the file of the Court of the lll Additional Metropolitan Sessions Judge, Hyderabad preferred against the Judgment daled 11.12.2012 in (New) C.C. No. 286 of 2011 [(Old) CC.No.225l2010lon the file of the Court of the Xll Special Magistrate at Hyderabad.
Between:
M/s. NaIO[Ar Steel House, Rep. by its Proprietor Nemi Chand Jain, S/o. Champalal Jain, Aged 66 years, F/o. 3-3-348, Rangrez Bazar, Secundrabad. Presently residing: at H.No:5-1-291, Gasmandi, Secundrabad.
...Petitioner/AppellanUAccused.
AND1. lVis. Prathiba Chit Funds Pvt. Ltd., Rep. by its Y.Chandrashekar S/o. Y.Kotilingam, Aged:63 years, R/o 1-2-16614, SD Road, Secundrabad.
2. The State of Telangana, Rep by Public Prosecutor, High Court at Hyderabad.
...Respondent No.liRespondent No.1i Com pla inant.
l.A. NO: 1 OF 201S(CRLRCMP. NO: 526 OF 2015 Petition under Section 397 (1) Cr.P.C. praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation and sentence of imprisonment of the petitioner vide Judgment dated 09-02-20'1 5 in C11 . Appeal No. 1 196 of 2012 on the file of lll Metropolitan Sessions Judge, Nampally, Hyderabad in C.C.No.2B6 of 2011 on the file of Xll Special Magistrate, Hyderabad, during the pendency of Criminal Revision Petition. Counsel for the Petitioner: Sri P.Ravi Chander Counsel for the Respondent No.1: None appeared Counsel for the Respondent No.2: the Public Prosecutor The Court made the following: ORDER
HONOURABLE Dr. JUSTICE CHILLAKUR SUMALATHA CRIMINAL REVISION CASE No.337 0F 201s \ ORDER:
\ This Criminal Revision Case is filed under Section 397 read with Section 401 Cr.p.C. against the judgment dated O9.O2.2O15 in Crl.Appeal No. 1196 of 2Ot2 on the file of the Court of the III Additional Metropolian Sessions Judge, Nampally by the appellant therein.
2.
No representation on petitioner,s side. There was no representation on 07.0S.2O2O, 09.12.2021 and, on 2O.O1.2022. Thus, the matter is listed under the caption ,,For dismissal,, on this day, yet, there is no representation on behalf of the petitioner.
3.
This case pertains to an offence punishable under Section 138 of the Negotiable Instruments Act, 19g1. Therefore, there is every necessity on part of the petitioner/ appellant/ accused to appear and submit his contentions, but he failed to pursue the matter. Thus, as there is no possibility to dispose of the matter on merits, this Criminal Revision Case is dismissed for non-prosecution. The trial Court is directed to take steps for execution of sentence imposed upon the petitioner as modified by the appellate Court through judgment in Crl.A.No.1i96 of
) suspension granted on 2O 12, dated 09.12-2015. Interim 03.03.20 1 5 stands vacated'
SDACH.VENKATESWARLU DEPUTY R ISTRAR ,TRUE COPY// SECTION OFFICER \ To,
1. The lll Additional Metropolitan Sessions Judge, Hyderabad. (with records)
2. The Xll Special Magistrate at Hyderabad.
3. One CC to Sri P. Ravi Chander, Advocate IOPUCI
4. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUT]
5. Two CD Copies
6. One Spare Copy JCK gbr $v
HIGH COURT DATED: 2210212022 3 1HE S 7:4 o {i ( o() 12 fri.Y 71??
t) \e, .,/ ?Ji:: l:.:, if:C -rL-__--,=;
ORDER
CRL.RC.No.337 ot 2015 Dismissing the Criminal Revision for non-Prosecution '
V