Saride Devi Vs the State of Andhra Pradesh

SarI'de Devi, W/o.Venkateswara Rao, aged about 42 years, Occ. Housewife, R/o. D.No.24-06-7/25, Bezawada plaza Apartment, 4th FIoor, Ft.No.401-A, SajJ'aPuram, Tanuku, W.G. District.

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...PetI-tiOner/AppeIIant /Accused

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AND

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The State of Andhra Pradesh, Rep.by its Public Prosecutor, High Court of Judicature at Amaravatl'.

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Achanta Srilakshmi, w/o.venkateswara Rao, aged about 40 years. Housewife, Near Be'Iam Market, D.No.12-3-2/5, Near Gamini Textile, Tanuku Mandal, west Godavari District.

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...Respondent/Complainant

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petition under Section 482 R/w 70 of Cr.P.C, praying that in the circumstances stated in the Memorandum of Grounds of crl-minal petition, the High Court may be pleased to call for the records pertaining to CRL.MP No.1068/2024 in Appeal No.259/2024, dt.19.12.2024 in C.C No.1086/2021 on the file of the lv Additional Sessions Judge, Tanuku, West Godavari Distrl-ct and Quash the same.

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-ftS

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I.A. NO: 1 OF 2O25

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Petition under section 528 of BNSS, praying that I-n the circumstances stated in the Memorandum of Grounds of criminal petition, the High Court may be pleased to grant stay of all further proceedings in CRL.MP No. 1068 of 2024 in Appeal No.259 of 2024, dt.19.12.2024 in C.C.No.1086 of 2021 on the file of the lv Additional Sessions Judge, Tanuku, West Godavari DI'StriCt Pending disposal of the main case.

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal petitI'On and upon hearl-ng the arguments of Sri Manda Venkateswara Rao, Advocate for the petitI-Oner and the Public Prosecutor on behalf of the Respondent No.1

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The Court made the following:

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APHCO10125632025

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lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl

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(Special Original Jurisdl-ction)

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THURSDAY ,THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE HARINATH.N

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CRIMINAL PETITION NO: 2717/2025

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Betwee n :

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Saride Devi

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...PETITIONER/ACCUSED

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AND

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The State Of Andhra Pradesh and ...RESPONDENT/COMPLAINANT(S) Others

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Counsel for the petitioner/accused'.

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MANDA VENKATESWARA RAO

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Counsel for the Respondent/complainant(S):

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1.PUBLIC PROSECUTOR

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The Court made the following:

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THE HON'BLE SRI JUSTICE HARINATH.N

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CRllVIINAL PETITION No.2717 of 2025

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ORDER:

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Heard the learned counsel for the petitioner.

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The learned counsel for the petitioner submits that the petitioner was convicted and sentenced to undergo ten months of simple imprisonment and also liable to pay a fine of Rs.25,000/-in default to suffer one month of simple imprisonment and the complainant was awarded compensation of Rs.5,00,000/- under Section 257(3) of the Code of Criminal Procedure,1973 in C.C. No.1086 of 2021 on the file of the Special Magistrate Court, Tanuku, West Godavari District, for the alleged offence under Section 138 of the Negotiable Instruments Act, 1881. Aggrieved by the same, the petitioner preferred an appeal before the appellate court, wherein the learned Sessions Judge, while granting interim suspension of the sentence, imposed a condl'tion of depositing ZOO/o of the cheque amount with the trial court withI'n 60 days from the date of the order.

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It is submitted that the petitioner was unable to adjust the money to comply with the condition of depositing the money within 60 days, and as such, the learned Sessions Judge issued a non-bailable warrant against the petitioner. Hence, the petitioner seeks an extension of the period for compliance of the conditional order dated 19.12.2024 in Crl.M.P.No.1068 of 2024 in Criminal Appeal No.259 of 2024 in C.C.

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-_-=`

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-2-

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CRL.P. No,2717 OF 2025

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No.1068 of 2021 on the file of the IV Additional Sessions Judge, Tanuku, West Godavari District.

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Consl-dering the submjssions of the learned counsel for the petitioner, the tI'me granted by the learned lV Additional Sessions Judge under the order dated 19.12.2024 in CrI.M.P.No.1068 of 2024 in Criminal Appeal No.259 of 2024 shall stand extended till 31.03.2025.The petitioner is directed to deposit the amount by 31.03.2025. lf the petitioner fails to deposit the amount within the specified period, appropr'late further steps will be 1-nitiated.

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