Disposed

Polisetti Bhavani at Jonnalagadda Bhavani v. the State of Andhra Pradesh

Andhra Pradesh HC22 Feb 2024CRLRC/47/2024

Case brief

AI extract

What is this about?

Revision against condition imposed for suspending sentence in a cheque-dishonour conviction. Court modified the deposit requirement from 15% to 10% of the cheque amount within eight weeks and disposed of the revision case.

What did the court decide?

Suspension-of-sentence condition modified: petitioner directed to deposit 10% of cheque amount before trial Court within eight weeks.

Polisetti Bhavani at Jonnalagadda Bhavani Vs the… — Cheque Dishonour | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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FRIDAY ,THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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"••/7s
■DC is
ID- C

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THE HONOURABLE SRI JUSTICE K. SREENIVASA REDDY

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CRIMINAL REVISION CASE NO: 47 OF 2024

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,h C' P C- aggrieved by the order ooo ^ ^ ® Additional District & Session Judge, Nellore^{inCrIMPNo32of} 2023 in Criminal Appeal No.l84 of 2023, dated: 28.12.2023 the revision petitioner herein begs to present this memorandum of grounds of Criminal Revision Case. Between: Polisetti Bhavani @ Jonnalagadda Bhavani, W/o. Jonnalagadda Malyadri Vasu, Hindu, aged about 58 years, R/o. Dr.No. 173-9, Karnala Street. Opp To Town hah, Nellore City, SPSR Nellore District.

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...Petitioner/Appellant/Accused

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AND

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Andhra Pradesh, Rep. by Public Prosecutor High Court^at 2. Raghaiah, Hindu, aged about 40 years, R/o.

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Nellorelitstrict^^ Vihage, Dammayapalem Post, Muthukur^Mandal,SPSR

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...Respondents/Complainant

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lA NO: 2 OF 2024

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Petition under Section 397 (1) Cr.P.C r/w 482 Cr.P.C, praying that in the arcumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend order in so far as payment of 15% of compensation f Jflinnr " of 2023 In Criminal Appeal No. 184 of 2023 on the file of VI Additional District & Sessions Judge, Nellore.

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Counsel for the Petitioner: Sri. Kopparthi Sumathi

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Counsel for the Respondent No.1: Public Prosecutor (AP) Counsel for the Respondent No.2: None Appeared

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The Court made the following Order:

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HON'BLE SRI JUSTICE K. SREENIVASA REDDY

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Criminal Revision Case No.47 of 2024

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Order:

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This Criminal Revision Case has been filed against^theorder dated 28.12.2023 passed in CrI.MP No.32 of 2023 in^{CriminalAppeal} No. 184 of 2023 by the learned VI Additional District^andSessions Judge, Nellore.

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The second respondent herein filed a private complaint^against the petitioner herein for the offence punishable under^Section 138 read with 142 of the Negotiable Instruments Act (for^{short 'theAct')} and the same was numbered as CC No.6 of 2017 on the file of the learned Special Judicial Magistrate of First Class, Railway Court, Nellore. After full fledged trial, the trial Court^{foundthepetitioner} herein guilty of the offence punishable under Section^138readwith 142 of the Act, accordingly convicted her and sentenced^toundergo simple imprisonment for a period of one year and also^topayfineof Rs.27,00,000/- payable to the complainant, in default^{tosuffersimple} imprisonment for three months.

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Aggrieved by the said judgment, the petitioner herein preferred Criminal Appeal No. 184 of 2023 before the learned VI Additional District and Sessions Judge, Nellore, and in the said appeal, the petitioner filed CrI.MP No.32 of 2023 seeking^suspension of sentence passed in CC No.6 of 2017, dated 20.11.2023. The

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learned VI Additional District and Sessions judge, Nellore, by impugned order dated 28.12.2023, allowed the said petition and suspended the execution of sentence imposed by the learned Magistrate in CC No.6 of 2017, dated 20.11.2023, subject to condition of petitioner herein depositing 15% of the compensation amount to the credit of CC No.6 of 2017 within 60 days from the date of the order. Aggrieved by the said order, the petitioner filed the present Revision Case.

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Learned counsel for the petitioner contended that the condition imposed by the. lower appellate Court directing the petitioner to deposit 15% of the compensation amount is onerous one and the petitioner is not in a position to deposit such huge^amount.

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Heard. Perused the record.

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In view of the aforesaid facts and circumstances of the case and since the cheque amount is Rs.27,00,000/-, the impugned order dated 28.12.2023 passed in CrI.MP No.32 of 2023 in Criminal Appeal No. 184 of 2023 by the learned VI Additional District and Sessions Judge, Nellore, is modified as follows.

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"The sentence dated 20.11.2023 passed in CC No.6 of 2017 by the learned Special Judicial Magistrate of First Class, Railway Court, Nellore, shall be suspended, pending disposal of the Criminal Appeal, on condition of the petitioner depositing 10% of the cheque amount before the trial Court within a period of eight (8) weeks from the date

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■>

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of receipt of a copy of this order. In default of payment^ofthe

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amount as directed supra, this Order will not enure^{tothebenefitof} the petitioner.

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The Criminal Revision Case is, accordingly, disposed^of.

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As a sequel thereto, the miscellaneous petitions, if any.

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pending in this Criminal Revision Case shall stand^closed.

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<br>

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SD/- M RAMESH BABU DEPUTY REGISTRAR

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//TRUE COPY// / l To, SECTION OFFICER 1. 2. """" “ 3. Pradesh at Amaravati lOU^ High Cou‘rt of Andhra 4. Three CD Copies SAM sree

. / /

HIGH COURT

DATED:23/02/2024

ORDER

CRLRC.No.47 of 2024

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^ . Current Section

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disposing of the crlrc

Polisetti Bhavani at Jonnalagadda Bhavani v. the State of Andhra Pradesh

Case brief

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Polisetti Bhavani at Jonnalagadda Bhavani v. the State of Andhra Pradesh

Case brief

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