Partly allowed

Sri Sal Adithya Health Care Pvt. Ltd., v. The State of Telangana

Telangana HC28 Aug 2014CRLP/10217/2014

Case brief

AI extract

What is this about?

The High Court modified the Sessions Judge's order suspending the accused's sentence in a cheque bounce case. It reduced the deposit requirement from one-fourth to one-fifth of the compensation and mandated security via immovable property per precedent, permitting the complainant to withdraw funds upon providing such security.

What did the court decide?

Modification of the impugned order: deposit 1/5th of compensation instead of 1/4th; security via immovable property for the balance; complainant permitted to withdraw deposited amount subject to furni

Sri Sal Adithya Health Care Pvt. Ltd., Vs The State of… — Cheque Dishonour | Telangana HC (2014)

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HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.10217 of 2014

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ORDER :

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This criminal petition is filed by petitioners/Appellants 1 and 2 under Section 482 Cr.P.C seeking to modify the order dated 13.08.2014 in Crl.M.P.No.459 of 2014 in Crl.A.No.596 of 2014 on the file of III Additional District Judge, Rangareddy District.

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2) The facts in brief are as follows:

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a) The 2^nd respondent herein presented a private complaint against the petitioners herein for the offence punishable under Section 138 of Negotiable Instruments Act, 1881. After full dressed trial, the learned IX Special Magistrate, Hastinapuram, R.R.District convicted the petitioners herein vide order dated 15.07.2014 in C.C. No.358 of 2013 and also directed to pay compensation of Rs.1,75,000/-. Aggrieved by the same, the petitioners herein preferred an appeal before the III Additional District & Sessions Judge, Rangareddy District at L.B.Nagar along with a petition in Crl.M.P.No.459 of 2014 to suspend the operation of the sentence passed by the trial Court. After considering the same the learned III Additional District & Sessions Judge suspended the operation of the sentence passed by the trial court till the disposal of the appeal subject to deposit of 1/4^th of the compensation amount and on executing bond for Rs.10,000/- with two sureties each and for a likesum to the satisfaction of the trial Court within 15 days.

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b) Impugning the same, the petitioners preferred this revision seeking to modify the order dated 13.08.2014 in Crl.M.P.No.459 of 2014 contending that the amount of compensation directed to be paid by the petitioners are very high, besides as they have bright chances of success in the appeal.

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3) Heard the learned counsel for the revision petitioners and perused the material on record.

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4) For the reasons stated in the accompanying revision grounds, the impugned order, dated 13.08.2014 in Crl.M.P.No.459 of 2014 in Crl.A.No.596 of 2014 on the file of the learned III Additional District & Sessions Judge, Rangareddy District at L.B.Nagar, is modified and the petitioners are directed to deposit 1/5^th of the compensation amount instead of 1/4^th of the compensation amount as directed by the learned Sessions Judge within one month from the date of receipt of this order and to furnish security of immovable property for the remaining fine/compensation amount as per the expression of the Apex Court in Dilip S.Dahanukar Vs Kotak Mahindra Company Limited(2007)6 SCC 528. The complainant is permitted to withdraw the deposited amount subject to furnishing of security. The remaining conditions, imposed by the learned Sessions Judge while suspending the operation of sentence of the trial Court, are undisturbed.

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5) The criminal petition is disposed of with the above observations.

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_______________________ Dr. B. SIVA SANKARA RAO, J

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Date: 28-08-2014 Ksh

Sri Sal Adithya Health Care Pvt. Ltd., v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Sri Sal Adithya Health Care Pvt. Ltd., v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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