Partly allowed

Balijepalli Venkata Ramana Rao, v. N.Prabhakar Reddy

Telangana HC7 Feb 2013CRLRC/228/2013

Case brief

AI extract

What is this about?

Justice B.Seshasayana Reddy allowed the petitioner's revision against a lower court order requiring a full fine deposit for sentence suspension. The court modified the order to suspend the sentence, release the petitioner on bail with a lower bond, and require a reduced deposit within four weeks.

What did the court decide?

Sentence suspended; petitioner released on bail with Rs.5,000 bond and Rs.1,00,000 deposit condition.

Balijepalli Venkata Ramana Rao, Vs N.Prabhakar Reddy — Cheque Dishonour | Telangana HC (2013)

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HON'BLE SRI JUSTICE B.SESHASAYANA REDDY

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Crl.R.C.No.228 of 2013

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ORDER:-

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This revision is directed against the order dated 18.12.2012 passed in Crl.M.P.No.834 of 2012 in Crl.A.No.694 of 2012 on the file of the Metropolitan Sessions Judge, Cyberabad at L.B. Nagar, whereby and whereunder the learned Metropolitan Sessions Judge dismissed the petition filed under Section 389(1) Cr.P.C with a liberty to move fresh application for suspension of sentence only after depositing the fine amount of Rs.20,00,000/- as imposed by the trial Court by its judgment dated 19.11.2012 passed in C.C.No.179 of 2011.

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Heard learned counsel appearing for the petitioner and perused the order impugned in the revision.

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It is contended by the learned counsel appearing for the petitioner that the condition to deposit fine of Rs.20,00,000/- for suspension of sentence, is on high side and even it is not in conformity with the Judgment of the Supreme court in Dilip S.Dahanukar Vs.

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Kotak Mahindra Co. Ltd. ,^[1] . In the cited case, the Supreme court directed the appellant therein to deposit a sum of Rs.1,00,000/- within a period of four weeks. The cheque amount in the said appeal was Rs.15,00,000/-.

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Having considered the facts and circumstances, I am inclined to modify the order impugned in the revision and accordingly, the sentence of imprisonment imposed on the petitioner for the offence under Section 138 of the Negotiable Instruments Act is suspended pending disposal of Crl.Appeal No.694 of 2012 on the file of the Metropolitan Sessions Judge, Cyberabad, at L.B. Nagar and he shall

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be released on bail on executing a personal bond for Rs.5,000/(Rupees Five Thousand only) with two sureties for a like sum each to the satisfaction of the VII Special Magistrate at Hasthinapuram, Ranga Reddy District and on further condition of depositing Rs.1,00,000/- to the credit of C.C.No.179 of 2011, within four weeks.

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Accordingly, the Criminal Revision Case is disposed of, at the stage of admission.

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___________________________ JUSTICE B.SESHASAYANA REDDY

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7^th February, 2013 Vjl

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[1] 2007 (6) S.C.C. 528

Balijepalli Venkata Ramana Rao, v. N.Prabhakar Reddy

Case brief

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Balijepalli Venkata Ramana Rao, v. N.Prabhakar Reddy

Case brief

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