Telangana High Court
CRLRC/3283/2015 of G. VENKATARAMANA TIRUPATHI Vs P.P. HYD AND 2 OTHRS on 30 December 2015
SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.3283 OF 2015 ORDER: This Criminal Revision Case is filed by the petitioner, under Sections 397 and 401 of the Code of Criminal Procedure, seeking to relax the condition imposed in Crl.A.M.P.170 of 2015 in Crl.A. No.424 of 2015 vide
THE HON’BLE SRI JUSTICE RAJA ELANGOCRIMINAL REVISION CASE No.3283 OF 2015
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ORDER:
This Criminal Revision Case is filed by the petitioner, underSections 397 and 401 of the Code of Criminal Procedure, seeking torelax the condition imposed in Crl.A.M.P.170 of 2015 in Crl.A. No.424 of2015 vide order, dated 16.12.2015, by the V Additional Sessions Judge,Tirupati, whereby the learned Sessions Judge imposed a conditiondirecting the petitioner to deposit a sum of Rs.50,000/- before the trialCourt, while suspending the sentence imposed by the trial Court videorder, dated 24.11.2015, in C.C. No.343 of 2014.
Heard and perused the material available on record.
Petitioner is accused in CC No.343 of 2014 for the offencepunishable under Section 138 r/w.142 of the Negotiable Instruments Act. After due trial, the trial Court convicted him for the said offence andimposed sentence of simple imprisonment for a period of one year and topay fine of Rs.5,000/-, in default to suffer simple imprisonment for aperiod of one month. Against the said order, the petitioner filed Crl.A.No.424 of 2015 and he also filed Crl.A.M.P. No.170 of 2015 to suspendthe sentence of imprisonment imposed against him by the trial Court. While suspending the sentence, the appellate Court passed conditionalorder, directing the petitioner to deposit a sum of Rs.50,000/- before thetrial Court on or before 30.12.2015. Aggrieved by the same, the presentrevision is filed.
Considering the arguments of both the learned counsel, and alsoin view of the fact that the main appeal is pending before the lowerappellate Court with regard to sentence of imprisonment, this Court isinclined to pass the following order:
“The condition imposed by the appellate Court directing thepetitioner to deposit a sum of Rs.50,000/- before the trial Court, issuspended till disposal of the criminal appeal and the petitioner is directed to execute a personal bond for a sum of Rs.5,000/- (Rupees fivethousand only) with one surety for the like sum to the satisfaction of theappellate Court for his future appearance before the appellate Court.”
With the above modification, the Criminal Revision Case isdisposed of. Miscellaneous petitions, pending if any, shall stand closed.
December 30, 2015.
KTL
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RAJA ELANGO, J