Partly allowed

Lalithananda Harinatha Saraswathi v. State of Telangana

Telangana HC21 Jan 2020CRLP/127/2020

Case brief

AI extract

What is this about?

, compounded the offence under Section 138 of the Negotiable Instruments Act, set aside the sentence and imprisonment imposed on the petitioner, and directed payment to the High Court Legal Services Committee.

What did the court decide?

The order setting aside the sentence and imprisonment was set aside. The petitioner was ordered to compound the offence by paying 10% of the cheque amount to the High Court Legal Services Committee wi

Lalithananda Harinatha Saraswathi Vs State of Telangana — Cheque Dishonour | Telangana HC (2020)

¶1

IN THE HIGH COURT FOR THE STATE OF TELANGANA

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AT HYDERABAD

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[/ONDAY ,THE EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HONOURABLE SRI JUSTICE P.KESHAVA RAO

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LA. NO.2 0F 2020

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IN/AND

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CRIMINAL REVISI ON CASE NO: 't 27 0F 2020

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criminal Revision case under section 397 R/w. Sec. 401 of cr.p.c. against the Judgment dated 16-04-2018 in Crt.A. No. 708 0f 2017 0n the fite of the Additionat Metropolitan Sessions Judge, cyberabad at L.B.Nagar , Ranga Reddy District preferred against the order dated 1-06-2017 in c.c. No. 165 of 2016 on the file of the Court of the ll Special lrrlagistrate at Hastinapuram, Ranga Reddy District.

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Between:

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Palakuri Jangaiah, s/o. tvallaiah, aged about. 49 years, occupation. Business, R/o. H. No. 1-94, Nemarugomula Village Bi6inagar Ir/anda[, Nalgonda bistrict.

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...PETITIONERy Appellant / Accused

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AND

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'1. S. Shobika, D/o. Venkataiah, aged about.41 years, Rl/o. H. No. 3-12t111120t5, Vishaladra Colony, Mansoorabad, Saroornagir Mandal, Ranga Reddy Disliict.

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.- Respondent / Respondent / Complainant

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The State of Telangana, Rep. by The public prosecutor, High Court At Hyderabad. RESPONDE"NT/ Respondent

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l.A. No.2 ot 2020

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Between:

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S. Shobika, D/o. Venkataiah, aged,about. 40 years, R/o. H. No. 3-12111112015., Vishaladra Colony, lvlansoorabad, Saroornagbr Mandal, Ranga Reddy Oistiict.

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And

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.. Petitioner/ Respondent - Complainant

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Palakuri .Jangaiah, S/o. Mallaiah, aged about. 49 years, Occupation. Business, Rl/o. H. No. 1-94, Nemarugomura Viilage Bibinagar trrtanoit, Narjonda Disiriai.^-

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...Respondent / Petitioner - Accused

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The state of relangana, Rep. by The public prosecutor, High court At yderabad.

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...RESPONDENT/ Respondent

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Petition under section 147^{of N.l Act cPC praying that in the circumstances} stated in the affidavit filed in^{support of the petition,the High court may be pleasedto} allow /^permit her to compound^{the offenceunder section'l 38 of N.l. Act initiatedby} her against the Respondent /Accused^{and consequentially set} -aslde^{the Concurrent} Judgments of conviction and^{sentence imposed thereon againt the Respondent/} Accused in the interest of^justice.

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Counsel for the Petitioner: SRI^{K. KRISHNA SHRAWAN}

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Counsel for the Respondent^{No' 1 : SRI B. KIRAN KUMAR}

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Counsel for the Respondent No.^{2 : THE PUBLIC PROSECUTOR}

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The Court made the following: ORDER

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HONOURABLE SRI.IUSTICE,^{P. KESHAVA RAO}

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I.A.No.2 of 2020 IN/AND CRIMINAL^{REVISION CASENo.l27 of2020}

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CO MMON. ORDEII:

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I.A.No.2 of 2020 is^{flled by the first respondent/complainant} praying this Court to compound^{the olfencepunishable under Section} 138 of the Neqotiable^{Instrunlents Act and set asidethe sentence and} imprisonment imposedⁱⁿ Crl.A.No'708^{of 2017 dated 16'04'2018on} the f'rle of the Additionat^{MetropolitanSessionsCourt, Cyberabadat} L.B.Nagar, Ranga Reddy^{District,confirmingthe judgment in} C.C.No.l65 of 2016^{dated 01'06'2017 on the file of IISpecial} Magistrate at Hasthinapuram,^{Ranga Reddy District'}

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This Court on 05.01.2021^{directedthe partiesto appear before} the Registrar^{(Judicial) on 18.01.2021for their identificationand the} Registrar^(judicial) thereafter^{shall submit a report to that eft'ect by} 2 I .01 .2021 . In cornpliance^{with the above said order, the parties} along with their^{respectivecounsel appeared beforethe Registrar} (Judicial), who, in tum, has identified^{them withreferenceto their Pan} Cards and Dtiving^{Licenses and filed a repoft to that effect' The} learned counsel also signed^{on the Pan cards and DrivingLicenses of} their respective clients.

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Having examined the report of^{the Registrar(Judicial)of this} Court and the avennents^{made in the atl'idavit filed in support of}

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l.A.No.2 ol 2020 and the .ioint conrpromise nt e lllo filed by both parties, I.A.No.2 o12020 is allowed

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ln view of the olders passed in I.A.No.2 of 2020, the sentence and imprisonment imposed in Crl.A.No.708 ol20l7 dated 16.04.2018 on the file of the Additional Metropolitan Sessions Court, Cyberabad at L.B.Nagar, Ranga Reddy District, confirr.ning the judgment llt C.C.No.165 of 2016 dated 0l .06.2017 on the llle of II Speciat Magistrate at Hasthinapuram, Ranga Reddy District, are hereby set aside. The petitioner is directed to pay l0% olthe cheque amount to the High Court Legal Services Comrnittee, H;-derabad, within a period of six weeks from today and produce the receipt befbre the Registrar (Judiciat). Failure to comply with the above said order, the older passed in this criminal revision case automatically stands vacated

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Accordingly, the criminal revision case is disposed ot'.

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Miscellaneous petitions, if any, shall stand closed.

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Sd/.CH.VENKATESHWARLU DEPUry BEGISTRAR ,TRUE COPY// (:tl, SECTION OFFICER

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The Additional Metropolitan Sessions Judge, Cyberabad, at L.B. Nagar, Ranga Reddy District.

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The ll Special Magistrate, at Hastinapuram, Ranga Reddy District.

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The Secretary, High Court Legal Services Committee, Hyderabad.

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Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad. (OUT)

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One CC to SRl. K KRISHNA SHRAWAN, Advocate [OPUC]

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One CC to SRI B.KIRAN KUMAR, Advocate (OPUC)

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Two CD Copies

HIGH COURT

PKRJ

DATED:0810212021

ORDER

l.A.No.2 ot 2020 ln /and CRLRC.No.127 ot 2020

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DISPOSING OF THE CRL.REVISION CASE. AND ALLOWING THE IA. NO.2 OF 2O2O

Lalithananda Harinatha Saraswathi v. State of Telangana

Case brief

What is this about?

What did the court decide?

Lalithananda Harinatha Saraswathi v. State of Telangana

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

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