This common order modifies a compensation deposit requirement from 20% to 10% and stays a non-bailable warrant, relieving the petitioner of immediate financial burden.
Order modified to require 10% deposit of Rs. 3,00,000/- within two months. Non-bailable warrant stayed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[3385 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MONDAY, THE NINTH DAY OF SEPTEA/BER TWO THOUSAND AND N/VENTY FOUR
PRESENT
THE HONOURABLE SMT, JUSTICE K. SUJANA
CRIMINAL PETITION Nos:12685 OF 2023 ANO'105 32 0F 2024
CRL.P.No. 12685 ot 2023
Between:
Gopalrao Kulkarni, S/o.Kashinath Rao Kulkarni, Aged about. 33 years, Occupation. Busl1ess, R/o. Plot No 31, Samrat Colony, West Marredpally, Secunderabad-500026.
...Petitioner/Accused No.2/Appellant
AND
...Respondents No.1 & 2
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to modify the order dated 0710812023 passed in Crl MP No.2054 of 2023 in CRLA No.346 of 2023 in CC No.'1765/2019 by the learned Court Of The Speciat Judge For Trial Of Offences Under SCs And STs POA Act Cum Vl Additional Metiropolitan Sessions Judge Secunderabad, Reducing amount from 20 percent to 10 percent on Rs. 30,00,000/-.
l.A. NO: 1 OF 2023
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct to reduce the deposit amount from 20 percent to 10 percent on the total amount of Rs.3,00,000/- imposed by the Honourable by the order dated 0710812023 passed in Crl.MP. No. 2054 of 2023 in CRLA No. 346 of 2023 in CC No.'1765/2019 by the learned Court Of The Special Judge For Trial Of Offences Under SCs And STs POA Act Cum Vl Additional Metropolitan Sessions Judge, Secunderabad and further direct to grant two installments for depositing the same, pending Crl.R.P.
l.A. NO: 1 OF 2024
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to direct the Vl Metropolitan sessions Judge to allow the petitioner to deposit his original Pattadar Passbook bearing No. TOi 050.1 10242 til he deposrt the 20ok of the cheque amount i.e., Rs.6,00,000/- as imposed by the Vl Metropolitan sessions Judge, secunderabad vide crl.Mp.No. 2054 of 2023 dated 0710812023 and further direct to return the passbook on deposit of Rs.6,00,000/as directed by the Vl M.S.J. pending disposal of the present criminal petition.
CRL.P.No. 10532 of 2024
Between:
AND
Gopalrao Kulkarni, S/o Kashinath Rao Kulkarni Aged about- 33 years, occupation-Business, R/o Plot No.31 samrat Colony. Westma rredpally, Secunderabad-500026 ...Petitioner/Accused/Appellant
...Respondents No. 1&2
Petition under section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to quash the Non Bailable warrant orders against the peiitioner dated1410812024 passed by XVlll ACMM passed basing on the Crt Mp No.2054 of 2023in CRLANo.346of 2023 inCCNo.1765 ot2019.
l.A. NO: 1 OF 2024
Petition under section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to stay proceedings Non Bailable warrant orders against the petitionerdated 14-08-2024 passed by xvlll ACMM passed basing on the crl Mp No.2054 of 2023 in CRLA No. 346 of 2023 tN CC No.1765 of 2019
These Petitions coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri Kasani sridhar, Advocate for the Petitioner (in both) and sri D. Arun Kumar, Additionat Public Prosecutor on behalf of the Respondent No. 2 and of sri G. Ravichandran, Advocate for the Respondent No. 2
The Court made the following: COMMON ORDER
THE HONOURABLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION Nos.12585 of2023 & 10532 of2024
COMMON ORDER:
Since the issue involved in both the criminal petitions is one and the same, they are being heard and disposed of together by way of this common order.
I
2
sl(s,J crl.P,No.126asoJ 2023& 10532 of 2O24
After hearing bothsides, the trialCo:urt, uide order dated 07.O8.2023,a-llowedthe petitioner subject to the conditionthat the petitioners sha-1l deposit2Oo/oof the compensation amount of Rs.30,00,000/-. i.e.,Rs.6,00,000/-in threespells i'e'' Rs.2,O0,OOO/- on12.O9.2023,l2.lO'2O23 arrd13'11'2023 respectively.Aggrieved by thesarne, thepetitronerfrled Crl.P.No. 12685of 2023. Thereafter,the trial Court, uide order dated 14.O8.2024, issuednon-bailablewarralt to the pelitioners for non- compliance of theorder dated 07.08.2023.Aggrieved by the order dated 14.08.2024,the petitioner filed Crl.P.No'10532 of 2024'
7 . Considering the submissionsmade by the learned counselfor the petitioner and circumstancesof the case, this Courtis inclined
r crl.A.No.2741 0f 2023 dated 04.o9.2023
' "*",, Crl,P,No.12685of 2023 & 1O532of 2024
I
to reduce thechequeam.ount from 206/o to 1O7o to be deposited by the petitioner.
MiscellaneousaPPlications,ifany pending' shalla.lsostald
closed
sd/- P. PADMANABHAREDD ASSISTANT REGISTRAR ,TRUE COPY//
SECTION OFFICER
To, 1 The sDecial Judoe for Trial ofoffences under scs and sTs POAAct cum Vl Additional MetroiolitanSessions Judge, Secunderabad'
Njb/gh
F
HIGH COURT
DATED:0910912024
COMMON ORDER
CRLP.Nos.12685 ot 2023 & 10532 of 2024
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DEsP,11ci
ALLOWING THE CRLP No. 12685 of 2023 & DISPOSING OF THE CRL.P.No. 10532 of 2024
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2 issues framed by the court
Whether the compensation deposit order of 20% can be reduced due to financial inability.
Whether the non-bailable warrant issued for non-compliance can be stayed.
Colour shows how this judgement treated each authority
Jambu Bandari vs. Madhya Pradesh State Industrial Development Corporation LimitedRelied on¶44
Jambu Bandari vs. Madhya Pradesh State Industrial Development Corporation Limited
2 provisions across 2 enactments
Gopalrao Kulkarni
State of Telangana
K. SUJANA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
