Disposed

V. Krishna Sharma (Died) as per LRs v.Vijayalakshmi v. The State of Telangana, Rep. by its Principal Secretary

Telangana HC2 Sept 2024WP/4437/2016

Case brief

AI extract

What is this about?

The High Court disposed of a criminal revision case seeking setting aside of an order allowing suspension of sentence. The court extended the time limit for the petitioner to deposit the required compensation amount pending appeal.

What did the court decide?

Extended time for two months till 04.02.2025 for the petitioner to comply with the order to deposit 20% of compensation amount.

V. Krishna Sharma (Died) as per LRs v.Vijayalakshmi… — Banking and Recovery | Telangana HC (2024)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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WEDNESDAY,THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL

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CRIMINAL REVISION CASE NO: 1210 OF 2024

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Criminal Revision Case U/s 438 & 442 BNSS 2023 against the Order made in Crl.M.P.No.1431 of 2O24 in Crl.A.No.1260 of 2024 dated 29.08.2024 and docket order made in Crl.M.P.No. 1431 of 2024 in Crl.A.No. 1260 of 2O24 in C.C.Nl.No.4186 ot 2022 dated 28.10.2024 on the file of the lV Additional Sessions Judge, Hyderabad.

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Between:

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V. Satyanarayana Goud, Sio V.Shivaiah Aged 56 years, Occ- Business R/o H.No. 8-3-22811295, 4th Floor Rahmath Nagar, Near Masjid Gadda Yousufguda, Hyderabad. 045

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...PETITIONER/APPELLANT/ACCUSED AND

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'1. P.V.Ravi Shekar Reddy, S/o P.Venkat Reddy Aged 48 years, occ- Buiness R/o Flat No. 202, 52A, Thirumala Residency Vengal Rao Nagar, Park, Hyderabad

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...RESPONDENT/RESPONDENT/COMPLAINANT

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The State of Telangana, rep. by Public Prosecutor, High Court for the state of Telangana At Hyderabad

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...RES'.NDENT/RES'.NDENT

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Suspend the operation of the proceedings including sentence of imprisonment and deposit of 2ook out of the compensation amount within 60 days from the date of the order daled 29-8-2024 in Crl. MP No. 1431 of 2024 in Crl. Appeal No.^'1260 ot 2024 and docket order dated 28-10-2024 in C.C.Nl No. 4'186 ot 2022 dated 2810-2024 on the file of the lV Addl. Sessions Judge Hyderabad.

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Counsel for the Petitioner : SRl. GANESWARA RAO NTOUMUKKALA

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Counsel for the Respondent No.2 : ASSISTANT PUALIC PROSECUTOR

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The Court made the following: ORDER

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,},

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THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL

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CRIMINAL REVISION CASE No.1 2LO Cltr. 2024

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ORDER:

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' The present Criminat Revision Case is filed by the petitioner/accused seeking to set-aside the order dated 29.08.2024 and docket order dated 28.1O.2O2+ in Crl.M.P.No.143 1 of 2024 in Crl.A.No. 126O of 2024 in CC.NI.4186 of 2022 passed by the IV Additional Sessions Judge, Hyderabad (for short, the appellate Court).

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Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing on behalf of respondent-State. Perused the record.

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The brief facts of the case are that the revision petitioner in this case is accused in C.C.No.4186 of 2022 on the file of learned XII Metropolitan Magistrate, Hyderabad (for short, the trial Court) for the offence punishable under Section 138 of Negotiable Instruments Act, 188 1 . After regular trial, the revision petitioner was convicted under Section 138 of NI Act *.and^{sentenced to undergo simple} imprisonment for a period of three months with a direction to pay a fine of Rs. 1,3O,OOO/-

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EW'J Crl.R.C.No.^{I 2 I 0 of 2021}

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including^interest @^{6"/o Pet annum . Aggrieved bY the same,} the accused^{preferred Crl'A'No'126O of 2024 on the file of} appellate^{Court seekingtoset aside the Judgmentdated} 1O.O7.2024^{in C'C'NI'No'4186 of 2022 and' also preferred} Crl.M.P.No'1431^{of 2024seekingfor suspensionof sentence} and the^{appellate Court vide order dated 2g'Oa'2O24 allowed} the petition^{and suspendedthe order passed by the trial} Courttillthedisposaloftheappeal,onthesametermsand Court,^{subject to the} conditions^{as imPosed bY the trial} of the^comPensatton petitioner-appellant^{depositing2O%} date of^{the order'} amount^{within sixtY daYs from the} The accused^{filed a petition under Section 148 (21 of NI Act} seeking^{for extension of time for two monthsto enable him to} deposit^{2OYo of the compensationamount as the petitioner} wasindeepfinancia]crisisandtheappellateCourtpartly allowed^{the petition and extended the time il26'll'2024'} The present^{Criminal Revision Case is filed seekingto set} aside the^{order dated 2g'O8'2O24and docket orderdated} 28.10.2024^{in Crl'M'P'No'1431of 2024 in Crl'A'No'1260of} 2024.

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EW,T Crl.R.C.No.l 2 I 0 of 2024

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Learned counsel for the revision petil ioner/ accused submits that the debt in this case is not a legally enforceable debt and the respondent/complainant is carn ing on money Iending business without license under A. P. (Telangana Money Lenders Act). He further submits that the trial Court as well as the appellate Court have not given sufficient opportunity to deny the oflence and the trial Court erred in convicting the petitioner and appellate Court erred in passing conditional order dated 29.O8.2O24 in Crl.M.P.No. l43O of 2024. Hence, seeks to allow the Revision.

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On the other hand, the learned Assistant Public Prosecutor opposing the same submits that the condition imposed in the order dated 29.O8.2024 in Crl.M.P.No.143O of 2024 in Crl.A.No.1260 of 2024 are not complied with by the petitioner, hence, interference of this Court at this stage is unwarranted and seeks to clismiss the Revision.

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Having regard to the rival contentions and the material on record, this Court deems it appropriate to extend time for a period of two months i.e., till O4.O2.2O25 to enable the petitioner to comply with the order passed by the Court

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EYV,J Crl.R.C.No. I 2 10 of 2024 \

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below, else the interim reiief granted by the appellate Court

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on 28.1O.2024 gets vacated automatically.

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7 . With the above said observation, this Criminal Revision

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Case is disposed of.

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Miscellaneous petitions, pending if any, shall stand

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clo sed. Sd/. K.^SAIL HI DEPUTY^REGIS

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//TRUE^COPY//

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SECTION^OFFICER

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to'r. ,n. lV Additional sessions Judge' Hyderabad' z. i'i"'iri^{u"tropolitanMagistrate' Hyderabad} 3. one^{cc to Sri G""t'=;::;-R;riigi'rn'5"9,-Advocate(oPUc)} 4. Two^{ccs to public-pr.r""ri.r,High court for the State of Telanganaat} HYderabad'(OUT) 5. Two^CDCoPtes

Ks/gh

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I I

HIGH COURT

DATED:0411212024

ORDER

CRL.R.C.N o.1210 of 2024

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HE STA
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Disposing of the Crl.R.C

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,et@
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V. Krishna Sharma (Died) as per LRs v.Vijayalakshmi v. The State of Telangana, Rep. by its Principal Secretary

Case brief

What is this about?

What did the court decide?

V. Krishna Sharma (Died) as per LRs v.Vijayalakshmi v. The State of Telangana, Rep. by its Principal Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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