Conviction under Section 138 NI Act with sentence of six months' imprisonment and Rs.4,80,000 fine; appeal pending. The High Court modified the suspension-of-sentence condition, reducing the deposit from 20% of the compensation amount to 20% of the cheque amount, payable within twelve weeks.
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(Special Original Jurisdiction)
THURSDAY ,THE FOURTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY
CRIMINAL PETITION NO: 566/2024
Between:
Surisetty Surya Narayana,
...PETITIONER/ACCUSED
AND
The State Of Andra Pradesh and Others
...RESPONDENT/COMPLAINANT(S)
Counsel for the Petitioner/accused:
1.M P V N V SASTRI
Counsel for the Respondent/complainant(S):
1.PUBLIC PROSECUTOR (AP)
This Court made the following:
O R D E R
This Criminal Petition has been filed against the order dated 07.12.2023 passed in Crl.M.P.No.264 of 2023 in Criminal Appeal No.307 of 2023 by the learned IV Additional District and Sessions Judge, West Godavari at Tanuku.
herein for the offence punishable under Section 138 of the Negotiable Instruments Act and the same was taken on file as C.C.No.03 of 2016 on the file of the learned
Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Tanuku. The learned Magistrate, after full fledged trial, by judgment dated 15.05.2023, found the petitioner herein guilty of the offence punishable under Section 138 of the Act, and accordingly convicted him. Vide order dated 08.11.2023, the learned Magistrate sentenced him to undergo simple imprisonment for a period of six months and also to pay fine of Rs.4,80,000/-, in default he shall undergo simple imprisonment for a period of one (01) month. The petitioner herein was directed to pay the entire fine amount of Rs.4,80,000/- towards compensation to the complainant.
“The sentence of imprisonment imposed by the learned Principal Junior Civl Judge-cum-Judicial Magistrate of First class, West Godavari at Tanuku in C.C.No.3 of 2016, in the judgment dated 08.11.2023, shall be suspended, pending disposal of the Criminal Appeal, on the same terms and conditions imposed by the learned Magistrate and on condition of the petitioner depositing 20% of the cheque amount before the trial Court within a period of twelve (12) weeks from the date of receipt of a copy of this order. In default of payment of the amount as directed supra, this Order will not enure to the benefit of the petitioner.”
As a sequel thereto, the miscellaneous petitions, if any, pending in this
Criminal Petition shall stand closed.
_________________________ K. SREENIVASA REDDY, J.
Date:14.03.2024 DNV
138
HON’BLE SRI JUSTICE K. SREENIVASA REDDY
Criminal Petition No.566 of 2024
Date:14.03.2024
DNV
1 issue framed by the court
Whether the appellate court's condition requiring deposit of 20% of the compensation amount for suspension of sentence in a Section 138 NI Act conviction was onerous and should be modified to 20% of t
1 provisions across 1 enactments
Surisetty Surya Narayana
The State of Andra Pradesh
Second Respondent (Complainant)
K Sreenivasa Reddy
As recorded by the court registry
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