Disposed

Somarouthu Jagga Dora v. The Public Prosecutor

Telangana HC9 Oct 2012CRLRC/1901/2012

Case brief

AI extract

What is this about?

This criminal revision addressed a non-bailable warrant issued against an accused for cheque dishonour, whose sentence suspension petition was rejected by the lower appellate court due to postal delay. The High Court recalled the warrant and directed the lower court to entertain the petition.

What did the court decide?

Recall of the non-bailable warrant and direction to the lower appellate court to receive and decide the suspension application on the same day.

Somarouthu Jagga Dora Vs The Public Prosecutor — Criminal Trial and Appeal | Telangana HC (2012)

¶1

THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1901 of 2012 JUDGMENT:

¶2

This criminal revision case is directed against the docket order dated 28.09.2012 passed in C.C.No.215 of 2009 by the Additional Judicial First Class Magistrate, Tuni, whereby and whereunder non-bailable warrant was issued against the petitioner-accused.

¶3

As seen from the material available on record, it appears that the petitioner-accused was convicted by the trial Court for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881. By order dated 31.8.2012, the learned Magistrate suspended the sentence and released the petitioner on bail to enable him to file appeal and posted the matter on 28.09.2012. Meanwhile, the petitioner preferred appeal before the Additional District-cum-Metropolitan Sessions Judge, Rajahmundry along with an application seeking suspension of the sentence. The appeal was numbered as Crl.A.No.351 of 2012, but the suspension petition was made over to III Additional Sessions Judge, Kakinada. The III Additional Sessions Judge, Kakinada, returned the suspension petition on the premise that the trial Court suspended the sentence till 28.09.2012, but the suspension petition was received by the Court on 1.10.2012.

¶4

Learned counsel for the petitioner contended that due to postal delay, the suspension petition could not reach within the time stipulated and the lower appellate Court refused to entertain the application filed by the petitioner and that there is no willful default on the part of the petitioner.

¶5

Having regard to the facts and circumstances of the case, the non-bailable warrant issued against the petitioner by the trial Court is recalled. The lower appellate Court is directed to receive the application filed by the petitioner for suspending the sentence and pass necessary orders thereon on the same day. With the above direction, the Criminal Revision Case is disposed of.

¶6

___________________ JUSTICE RAJA ELANGO

¶7

Dt.9.10.2012 rkk

Somarouthu Jagga Dora v. The Public Prosecutor

Case brief

What is this about?

What did the court decide?

Somarouthu Jagga Dora v. The Public Prosecutor

Case brief

What is this about?

What did the court decide?

What the court decided

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