Partly allowed

Donthy Reddy Achyuta Reddy, v. The State of Andhra Pradesh

Telangana HC4 Feb 2011CRLRC/217/2011

Case brief

AI extract

What is this about?

In a criminal revision under Section 138 NI Act, the revisional court reduced the compensation deposit condition from 50% to 25% (Rs. 25,000) considering the petitioner's inability to pay the full half amount, while allowing the suspension of sentence.

What did the court decide?

The condition to deposit 50% of the compensation was reduced to 25% (Rs. 25,000), payable within four weeks.

Donthy Reddy Achyuta Reddy, Vs The State of… — Execution and Attachment | Telangana HC (2011)

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HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA

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CRIMINAL REVISION CASE No:217 OF 2011

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ORDER:

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The petitioner was tried in C.C.No.560 of 2009 for the offence punishable under Section 138 of the Negotiable Instruments Act by the learned VII Additional Chief Metropolitan Magistrate, Hyderabad, and by judgment dated 22.12.2010, the learned Magistrate held that the petitioner is found guilty of the said offence, and accordingly sentenced him to suffer rigorous imprisonment for one year and also to pay Rs.1,00,000/-to the complainant towards compensation. The said judgment was questioned by filing Crl.A.No.17 of 2011 and in the said appeal, the petitioner filed Crl.M.P.No.16 of 2011 under Section 389(1) Cr.P.C., for suspension of the sentence including the amount of compensation imposed by the trial Court. The lower appellate Court having considered the submissions of the learned Counsel for the petitioner, while allowing the said application and granting bail, however, directed the petitioner to deposit 50% of the compensation amount. The same is questioned in this revision.

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Learned Counsel for the petitioner states that the petitioner is not in a position to pay the compensation amount as directed by the lower appellate Court.

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In a case of this nature, when once the trial Court finds the accused guilty of the offence and awards some amount of compensation, the appellate Court or the revisional Court shall not automatically suspend the sentence with regard to compensation, But, it may reduce the said amount of compensation while imposing the condition.

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In the instant case, the lower appellate Court taking the overall

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circumstances, imposed the condition of depositing half of the compensation awarded to the complainant. The very filing of this revision speaks that the petitioner is not in a position to deposit the said amount of Rs.50,000/-.

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In the above circumstances, this revision case is allowed and the condition to deposit the compensation is reduced from 50% to 25%, which comes to Rs.25,000/- and the said amount shall be deposited within a period of four weeks from today.

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______________________________ Justice Gopala Krishna Tamada Dated: 4.2.2011 Note: CC by Monday B/O Nn

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HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA

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CRIMINAL REVISION CASE No:217 OF 2011

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4.2.2011

Donthy Reddy Achyuta Reddy, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Donthy Reddy Achyuta Reddy, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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