Allowed

Rajulaudi Anandakumar v. the State of Andhra Pradesh and Another

Andhra Pradesh HC7 Dec 2023CRLRC/463/2010

Case brief

AI extract

What is this about?

High Court allowed a criminal revision under Sections 397 and 401 CrPC. Upon verification of a submitted memo stating the petitioner settled his loan and paid the entire dues with Respondent No. 2, the court set aside the conviction and sentence under Section 138 NI Act and acquitted the petitioner.

What did the court decide?

Revision case allowed; conviction and sentence set aside; petitioner acquitted under Section 138 NI Act; fine refunded.

Rajulaudi Anandakumar Vs the State of Andhra Pradesh… — Cheque Dishonour | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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THURSDAY, THE SEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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HONOURABLE SRI JUSTICE V SRINIVAS

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CRIMINAL REVISION CASE No, 463 of 2010

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Revision filed under Sections 397 and 401 of Cr.P.C, against the Judgment dated 03.03.10 in CrI.A.No.68/2008 on the file of the Court of the II Additional Sessions Judge, Amalapuram, East Godavari District, in confirming the Judgment and sentence dated 22.02.2008 in C.C.No.161 of 2005 on the file of the Additional Judicial First Class Magistrate, Amalapuram.

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Between:

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Rajulaudi Anandakumar, S/o Veerraju, aged 37 years, R/o Kamanagaruvu Village, Amalapuram Mandal, East Godavari District.

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...Petitioner/Accused

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AND

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The State of Andhra Pradesh, Represented by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi.

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M/s. Shram City Finance Limited, Amalapuram, Rep. by^{itsAuthorized} Person.

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...Respondents

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I.A. NO: 2 OF 2010(CRLRCMP. NO: 678 OF 2010)

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Petition under Section 397(1) CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to release the petitioner on bail, by suspending the sentence, pending disposal of the CrI.R.C.

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Counsel for the Petitioner

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: Sri G Rama Gopal

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Counsel for the Respondent No.1 : Public Prosecutor

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Counsel for the Respondent No.2 : Sri N Rohit, representing on behalf of Sri Maheswara Rao Kuncheam

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The Court made the following:

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THE HON’BLE SRI JUSTICE V.SRINIVAS

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CRIMINAL REVISION CASE No.463 of 2010

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ORDER;

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Sri N.Rohit, learned counsel representing Sri Maheswara Rao Kunchem, learned Standing Counsel for Sriram City Finance Limited/respondent No.2, submitted a memo said^tobe received through Mail from Sriram Finance Limited that the petitioner by name Rajulapudi Ananda Kumar said to have paid the entire amount and customer loan was settled out of Court on 27.04.2018 and in the said letter requesting Sri^Maheswara Rao Kunchem, learned Standing Counsel for Sriram City Finance Limited, to withdraw the present revision. 2. Since the petitioner/accused paid the entire amount as stated by the 2"^ respondent, the conviction and sentence imposed by the trial Court are liable to be set aside. 3. Accordingly, the Criminal Revision Case is allowed^and the conviction and sentence imposed against the petitioner/accused, vide calender and judgment dated 22.02.2008 passed in C.C.No.161 of 2005 on the file^ofCourtof learned Additional Judicial Magistrate of First Class, Amalapuram as confirmed in the judgment dated 03.03.2010ⁱⁿ

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¶26

Crl.A.No.68 of 2008 on the file of Court of learned II Additional Sessions Judge, Amalapuram, are hereby set aside. Consequently, the revision petitioner/accused is acquitted for the offence under Section 138 of Negotiable Instruments Act. The fine amount paid by the petitioner/accused, if any, shall be refunded to him.

¶27

As a sequel, miscellaneous applications pending, if any. shall stand closed.

¶28

SD/- V. DIWAKAR DEPUTY REGISTRAR

//TRUE COPY//

SECTION OFFICER

The II Additional Sessions Judge, Amalapuram, East^{GodavariDistrict.}

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The Additional Judicial First Class Magistrate, Amalapuram,^East Godavari District.

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The Superintendent of Police, Sub Jail, Amalapuram,^{EastGodavariDistrict.}

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One CC to Sri G Rama Gopal, Advocate [OPUC]

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One CC to Sri Maheswara Rao Kuncheam, Advocate [OPUC]

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Two CCs to The Public Prosecutor, High Court of^{AndhraPradeshat} Amaravathi [OUT]

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Three CD Copies

TK PVD

HIGH COURT

DATED;07/12/2023

ORDER

CRLRC.No.463 of 2010

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¶45

ALLOWING THE CRIMINAL REVISION CASE

Rajulaudi Anandakumar v. the State of Andhra Pradesh and Another

Case brief

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Rajulaudi Anandakumar v. the State of Andhra Pradesh and Another

Case brief

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