Allowed

Bandi Venkatnarayana v. The State of Andhra Pradesh

Telangana HC15 Sept 2014CRLRC/1089/2014

Case brief

AI extract

What is this about?

Justice Siva Sankara Rao allowed a criminal revision under Sections 397 and 401 Cr.P.C filed by an accused convict challenging the dismissal of a petition to condone a 21-day delay in filing an appeal against his conviction under Section 138 N.I. Act. The court set aside the lower court's order, directing the lower court to regularize the appeal.

What did the court decide?

Set aside the order of the Sessions Judge dismissing the petition to condone delay and directed the lower court to record costs and number the appeal.

Bandi Venkatnarayana Vs The State of Andhra Pradesh — Cheque Dishonour | Telangana HC (2014)

¶1

THE HONOURABLE Dr.JUSTICE B.SIVA SANKARA RAO CRIMINAL REVISION CASE No.1089 of 2014

¶2

ORDER:

¶3

This Criminal Revision Case is filed under Sections 397 and 401 Cr.P.C by the petitioner-Accused, having been aggrieved by the order of the learned Principal Sessions Judge, Warangal, dated 05.05.2014 in Crl.M.P.No.129 of 2013 in Crl.A(SR).No.152 of 2014.

¶4

2. The contentions in the grounds of the revision are that the order of the Sessions Judge is illegal, improper and incorrect, that the learned Judge, erred in dismissing the petition filed for condoning the delay of 21 days in filing the appeal against the conviction judgement in C.C.No.280 of 2010 dated 05.11.2013 for the offence under Section 138 of the Negotiable Instruments Act passed by the VII Additional Judicial Magistrate of First Class, Warrangal, caused from 04.01.2014 to 24.01.2014, that the learned Sessions Judge ought to have seen that due to ill-health only the petitioner herein was unable to file appeal within the time of limitation, that the learned Judge failed to see that the petitioner is an employee working in KTPS of APGENCO, that the learned judge failed to see that the petitioner is losing his right of appeal, hence, to allow the revision by setting the order of the learned Sessions Judge impugned herein.

¶5

3. Heard both sides and perused the material on record.

¶6

4. Now the points that arise for consideration are:

¶7

1. Whether the impugned order of the learned Principal Sessions Judge, Warangal, dated 05.05.2014 in Crl.M.P.No.129 of 2013 in Crl.A(SR).No.152 of 2014 is unsustainable, if so, with what observations?

¶8

2. To what result?

¶9

Point No.1:

¶10

5. The revision petitioner herein filed a petition vide Crl.M.P.No.129

¶11

of 2014 on the file of the learned Sessions Judge, praying to condone the delay of 21 days in filing the appeal against the conviction judgement in C.C.No.280 of 2010 dated 05.11.2013 for the offence under Section 138 of the Negotiable Instruments Act, but the learned Sessions Judge by order dated 05.05.2014 dismissed the petition holding that the petitioner is not evincing any interest to pursue the matter. From the above facts of the case, this Court inclines to grant relief to the petitioner with certain directions. Accordingly, Point No.1 is answered.

¶12

Point No.2:

¶13

6. In the result, the Criminal Revision Case is allowed by setting aside the impugned order in Crl.M.P.No.129 of 2014, dated 05.05.2014 subject to payment of costs of Rs.1,000/- to the complainant and since paid in the open Court same is recorded with a direction to the lower Court to number the appeal if otherwise in order. Consequently, miscellaneous petitions, if any, pending in this revision, shall stand closed.

¶14

___________________________

¶15

Dr. B.SIVA SANKARA RAO J,

¶16

Date:15.09.2014. B/o vvr

Bandi Venkatnarayana v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Bandi Venkatnarayana 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

Similar cases

Rayakam Kanukaiah Vs The State of Telangana

Peddireddi Narasimha Murthy Vs The State of Telangana

Nyala Sekhar Vs The State of Telangana

Raparthi Pentaiah Vs The State of Telangana

C.Surendran, Vs Govt. of India

Kishore Vs The State of Andhra Pradesh