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K. SREENIVASA REDDY
Manthada Rajesh – Appellant
Versus
State of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. legal procedure of appeal and conviction (Para 1 , 2 , 3) |
| 2. court's modification of conditions (Para 4 , 6) |
| 3. request due to personal circumstances (Para 5) |
| 4. conclusion and disposal of petition (Para 7) |
ORDER :
K.Sreenivasa Reddy, J.
This Criminal Petition, under Section 482 Cr.P.C., has been filed against the order, dated 01.08.2023 in Crl.M.P.No.503 of 2023 in Crl.M.P.No.172 of 2022 in Criminal Appeal No.90 of 2022 on the file of the learned VI Additional Metropolitan Sessions Judge-cum-XII Additional District and Sessions Judge, Vijayawada.
2. A private complaint has been filed against the petitioner for the offence punishable under Section 138 read with 142 of the Negotiable Instruments Act and the same was taken on file as C.C.No.506 of 2018 on the file of the learned I Special Magistrate, Vijayawada. The learned Magistrate, after full-fledged trial, convicted the petitioner herein and sentenced to suffer simple imprisonment for 6 months and pay fine of Rs.7,00,000/-, in default of payment of fine, the petitioner was ordered to suffer simple imprisonment for 6 months, and out of the fine amount, an amount of Rs.6,90,000/- was awarded to the complainant toward
Court confirmed 15% compensation deposit condition in cheque bounce appeal suspension due to abnormal delay.
Conditions for appeal deposit in criminal proceedings must consider prior compensatory payments made.
Dishonour of cheque – Suspension of sentence – Appellate Court has discretion not to order deposit of 20% of amount under Section 148 of Negotiable Instruments Act in appropriate and exceptional case....
Appellate court bail condition in NI Act s.138 appeal must be based on cheque amount, not compensation amount.
The modification of conditions for suspension of sentence highlights the principle that accused typically seek relief without conditions, and the court must determine applicability under exceptions.
Court grants limited time extension for compliance with suspension conditions, no further adjournments.
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