Revision against concurrent conviction under Section 138 NI Act for two dishonoured cheques of Rs.3 lakhs borrowed via promissory note. Conviction upheld; imprisonment sentence set aside considering accused's age, with fine increased to the cheque amount payable as compensation.
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.
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IN THE HIGH COURTFORTHE STATEOF TELANGANA AT HYDERABAD
TUESDAY. THE THIRDDAYOF SEPTEIVBER TWO THOUSANDAND TWENTY FOUR
PRESENT
THE HONOURABLESRIJUSTICE K.SURENDER
CRIMINAL REVISION CASE NO:1339 0F 2013
Criminal Revisron Casefiled under Section 397 and 401 of CrPC against the LrOg;""tdated 03-07-2013 made in Crl'A,ppeal,No -!l^4-,"f^?91^1--:' Gt- iife of the ltiAdditionalMetropolitan SessionsJudge,Hyderabad.preferred aglinst thejudgmentpassed in c.c.No.24 of 2009 dated 24-11-2011 on the file of Gt- Corrt l,t [n"XV Additional Judge-cum-XlX AdditionalChief fvletropolitan tvlag istrate, Nampally,Hyderabad
Between:
Somaiah,S/o.M.Ramachandraiah,Business,R/o.H.No'2-3-603163121125' Patel Nagar, Amberpet,HYderabad.
...AppellanUAPPellant
AND
1 P.Bhaskar Rao, S/o.P.Avathara Murthy, Business,Ryg:24111 'Surya-Saro1 npZrt*6"ii, nuoRComptex, Saroorndgar, Kothapet,Hyderabad- 35' ...ResPondenUResPondent 2 State of A.P, rept.by the Public Prosecutor,HighCourt of A P ,Hyderabad'
...ResPondenUResPondent
...ResPondent
Counsel for the Petitioner : Sri P.Animi Reddy Counsel for the ResPondent the ResPondentNo.1 Counsel for the ResPondentNo.2 : Public Prosecutor The Court made thefollowing : ORDER
Counsel for the ResPondent the ResPondentNo.1
THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL REVISION CASE No.1339 OF 2073
ORDER:
The revisior-r petitioner/ accused rvas convictecl by the Trial Court for the offence under Section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for one year and also to pay a fine of Rs.lO,O0O/-. The said conviction was confirmed in appeal by the Sessions Ctourt.
3 Learned trial Judge examined the complainant and another on behalf ol conrplainant and also marked trxs.pl to p9. The accused entered into witness box and examined hirlrself as DW. 1
2
3
shall be paid as compensation to the complainant or the legal
heirs of tl-re complainant-
Sd/- K. SAILESHI
DEPUTY REGISTRAR
/ ^/ //TRUE COPYII v SECTION OFFICER
To,
Svs/gh
HIGH COURT
DATED:0310912024
ORDER
CRLRC.No.1339 of 2013
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PARTLY ALLOWING THE CRLRC
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2 issues framed by the court
Whether the conviction under Section 138 NI Act for dishonoured cheques totalling Rs.3 lakhs was sustainable.
What sentence was appropriate given the accused's advanced age and the complainant's death.
3 provisions across 2 enactments
Somaiah
P.Bhaskar Rao
State of A.P.
K. Surender
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
