Partly allowed

Challa Veman Reddy v. the State of A.P. and Another

Telangana HC3 Oct 2023CRLRC/486/2012

Case brief

AI extract

What is this about?

The High Court of Telangana dismissed an application under Sections 397 and 401 CrPC challenging a conviction and six-month sentence for an offence under Section 138 NI Act. The Court reduced the sentence to the period already suffered by the accused as he had settled the cheque amount and the offence was from 2008, but dismissed the revision on all other heads.

What did the court decide?

Sentence reduced to period already undergone; Criminal Revision Case dismissed in all other aspects.

Challa Veman Reddy Vs the State of A.P. and Another — Cheque Dishonour | Telangana HC (2023)

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BAIL SLIP : The Petitioner/^{Accusedwas directed to be releasedon bail by the} order of the^High Court^{dated 22-03-2012 in Crl.R.C.M.P.No.766 of 2012in Crl.R.C} No.486 of 2012.

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IN THE H]GH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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TUESDAY, THE THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HON'BLE SRI JUSTICE E.V. VENUGOPAL

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CRIMINAL REVISION CASE No:⁴⁸⁶ ot 2012

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Criminal Revision Case filed under Section 397 &^{401 of Cr.P.C.,against the} Judgment dated 20-03-2012^passed in Crl.A.No.172 of^{2010 the file of the Courtof} the Special Sessions Judge for SC/ST Cases-cum-Vll^{Additional Diskict& Sessions} Judge at Warangal confirming the Judgment^{dated 06-07-2010passedin} C.C.No.923 of 2008 on the file of the Court^of the^{I Additional Judicial FirstClass} Magistrate Court, Warangal.

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Between:

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Challa Veman Reddy, S/o Ravinder Reddy, aged about^{36 years,Rl/o2-9-14715,} Vikas Nagar Colony, Hanmkonda, Warangal.

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...Petitioner/AppellanUAccused

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AND

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The State of A.P., Represented by^{its PublicProsecutor,High Court of Andhra} Pradesh, Hyderabad. ...Respondent

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A. Chandrashekar Rao, S/o Nageshwar^Rao, Aged^{29 years, Occ:Business,} Rl/o H.No.8-1-41 , Ayyagaridoddi, Near Railway^Gate, Warangal^{City and} Warangal District.

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...ResPondenUComPlainant

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Gounsel for the Petitioner: SRI A PRABHAKAR^RAO

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Counsel for the Respondent No.l:^SRI VIZARATH ALl, ASSISTANT^PUBLIC PROSECUTOR

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Counsel for the Respondent No.2: SRI G. DHANANJAI

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The Court made the following: ORDER

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HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL REVISION CASE No. 446 0F 20L2

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ORDER:

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This Criminal Revision Case has been hled assarling the judgment dated 20.03.2012 passed in Criminal Appeal No. 172 of 201O by the Special Sessions Judge for SC/ST Cases_Cum_VII Addl. District arld Sessions Judge at Warangal, wherein confirmed the sentence and conviction passecl in C.C. No. 923 of 2008 dated 06.07 .2O7O on the hle of I Arlcll. .hrdicial First Class Magistrate, Warangal wherein the accused was found guilty of the offence punishable under Section 138 of Negotiabre Instruments Act, lgBi (hereinafter referred to as 'the r Bg 1 Act'), convicted a,,d sentenced to undergo simple irnprisonment for a period of six months and also to pay a sum of Rs.5,000/-. Out of which, an amount of Rs.3,OOO/- is ordered to be given to the complainart torvards compensation.

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2' The parties shall be hereinafter referred to as described in the Magistrate's Court

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During the pendency^{of the present Criminal Revision} case, the complainant^{filed Execution Petition againstthe} accused uideE.P.^{No'175 of 2016on the file of I Addl' Senior} Civil Judge, Warangal^{to issue arrest lvarrantagainst the} accused and to^{send him to civil prison under Order 21 Rule 37} of CPC since the^{cornplainantalso filed O'S' No'602 of 2010on} the file of I Addl.^{Senior Civil Judge at V/alangal against the} accusedhereinforrecoveryofRs.2,4g,ggTl-alongwithinterest and subsequently^{the said suit was decrecd'}

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The learned counsel^{for the accused hled certified copy of} orderdated|6.03.202|inE.P.No.lT5of2016otrthefileofI Additionai Senior^{Civil Judge at Warangal,wherein itshows} that the accused/J.Dr^{had paid the entirc amount to the ful1} satisfaction of^{the complainant/D.Hr'The learned counsel} further submits^{that the chequein questionwas also the} subject matter of^{the criminalproceedings for recoveryof the} suit Lmount^{and accordingly the E.P. was terminated'} \l

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The learned Assistant^{Public Prosecutor appearing for the}

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respondent/ State^{takes no objectionfor the same'}

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Recording the said submissions made by the learned counsel for the revision petitioner and the learned Assistant Public Prosecutor appearing for respondent-State, this Court is inclined to dismiss the Criminal Revision Case. The Certified copies of Application for Execution Petition, Affidavit and Decree will become part of the record.

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In view of the submissions made by the learned counsel for the revision petitioner and in view of the fact that petitioner has paid full and final settlement of the cheque amount to the unofficial respondent and since the offence is of the year 2008 and the petitioner has been roaming around the Courts for a-11 these years, this Court is inclined to reduce the period of sentence to that of the period which the revision petitioner has already undergone. Except the above modihcation in respect of the quantum of sentence, this Criminal Revision Case is dismissed in ail other aspects.

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Accordingly, the Criminal Revision Case is dismissed.

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Miscellaneous petitions, if any, pending in this criminal revision case, stands closed.

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, sd/- T. sRtNtvAs DEPUTY REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The Special Sessions Judge for SCiST Cases-cum-Vll Additional Diskict & Sessions Judge at Warangal. (with records)

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fhe I Additional Judicial First Class Magistrate Court, Warangal.(with records)

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The Superintendent, Central Prison, Warangal.

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

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One CC to SRI A. PRABHAKAR RAO, Advocate [OpUC]

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One CC to SRI c. DHANANJAT, Advocate [OpUC]

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Two CD Copies

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kam 6

HIGH COURT

DATED:0311012023

ORDER

CRLRC.No.486 o12012

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THE CRIMINAL REVISION CASE IS DISMISSED @ut,

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Da-6W

Challa Veman Reddy v. the State of A.P. and Another

Case brief

What is this about?

What did the court decide?

Challa Veman Reddy v. the State of A.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

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