Telangana High Court
CRLP/9249/2012 of T.Shiva Raju Vs The State of Andhra Pradesh, on 28 December 2012
SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No. 9249 of 2012 ORDER: This application has been filed seeking relaxation of the conditions of deposit of Rs.50,000/- as directed by the learned Metropolitan Sessions Judge, Cyberabad on or before 29.12.2012 for suspension of sentence
THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY
Criminal Petition No. 9249 of 2012
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ORDER:
This application has been filed seeking relaxation of theconditions of deposit of Rs.50,000/- as directed by the learnedMetropolitan Sessions Judge, Cyberabad on or before 29.12.2012 forsuspension of sentence of imprisonment imposed on the petitioner forthe offence under section 138 of Negotiable Instruments Act, pendingcriminal appeal No.634 of 2012.
Heard learned counsel appearing for the petitioner and learnedAddl. Public Prosecutor appearing for the respondent/State.
It is contended by the learned counsel appearing for thepetitioner that the condition imposed is onerous and, therefore, it isrequired to be relaxed.
As seen from the material placed on record, the cheque amountis Rs.6,90,000/-. The trial court on full pledged trial found thepetitioner/accused guilty for the offence under section 138 ofNegotiable Instrument Act and convicted him accordingly andsentenced him to suffer simple imprisonment for one year and pay fineof Rs.8,70,000/- . Out of the fine amount, an amount of Rs.8,50,000/- isordered to be paid as compensation to the complainant under section357 (1) of Cr.P.C.
Taking into consideration the cheque amount, the conditionimposed on the petitioner to deposit an amount of Rs.50,000/- cannotbe said to be onerous. Therefore, I do not find any valid ground forrelaxation of the deposit of Rs.50,000/-. However, the time allowed todeposit the amount is extended by three more weeks from today.
Accordingly, the Criminal Petition is dismissed.
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B.SESHASAYANA REDDY, J
28.12.2012
GM