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2026:APHC:34692 APHC010020992013

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3560]

(Special Original Jurisdiction)

THURSDAY,THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY SIX

PRESENT THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA

CRIMINAL REVISION CASE NO: 124/2013 Between:

1. M EDARAMETLA VIJAYA RAJKUMAR, S/O.CHENCHURAMAIAH R/O.FLAT NO.306, SAI PRAKASH APARTMENTS, 1ST LINE,

VIDAYANAGAR, GUNTUR.

...PETITIONER AND

1. C HUNDURU HARAGOPAL ANR, S/O.RANGA RAO R/O.D.NO.54-19-

20B, JAYAPRAKASH NAGAR, VIJAYAWADA, KRISHNA DIST.

2. T HE STATE REP BY THE P P, HIGH COURT OF A.P., HYDERABAD.

...RESPONDENT(S):

Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the CriminalRevisionCase, the High Court may be pleased toto allow the revision of the revision petitioner by setting aside the Judgment dt.3.10.2012 passed in Criminal appeal No.200 of 2012 on the file of II Addl. Sessions Judge, Guntur, in respect of modification of sentence of rigorous imprisonment for a period of one year, imposed on the accused in CC No.77 of 2011 on the file of V Addl.

Jr. Civil Judge, Guntur, to that of fine of Rs.20,000/- only, and pass IA NO: 1 OF 2013(CRLRCMP 121 OF 2013

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 condone the delay of 20 days in representation of the criminal revision case filed against the Judgment, dt.3.10.2012 passed in criminal appeal No.200 of

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2012 on the file of II Additional Sessions Judge, Guntur in modifying the sentence of regorous imprisonment of one year imposed on the appellant/ accused in CC No.77 of 2011 on the file of V Addl. Junior Civil Judge, Guntur,

to that of fine of Rs.20,000/- only and pass IA NO: 2 OF 2013(CRLRCMP 195 OF 2013

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 and effect of the judgment dated 03.10.2012 passed in Criminal Appeal No.200 of 2012 on the file of II Addl. Sessions Judge, Guntur,

pending disposal of the Crl.R.C.

Counsel for the Petitioner:

1. G L NAGESWAR RAO Counsel for the Respondent(S):

1. YALLABANDI RAMATIRTHA 2. PUBLIC PROSECUTOR (AP) The Court made the following:

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2026:APHC:34692 THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA

CRIMINAL REVISION CASE NO: 124/2013 The Court made the following:

The instant Criminal Revision Case has been preferred against the

judgment of order passed by the learned II Additional District Judge, Guntur in C.A.No.200 of 2012 wherein the learned Appellate Court has modified the order of conviction and sentence passed by the learned Trial Court in

C.C.No.77 of 2011.

2. The brief facts of the case is that the present petitioner being the

complainant filed a proceeding under section 138 of Negotiable Instruments Act (For brevity “the N.I.Act”). The respondent herein arrayed as accused. The learned Trial Court after hearing the parties passed an order of Judgment and sentence, thereby, the learned Trial Court found the respondent to be guilty for the offence punishable under Section 138 of N.I Act and sentenced to undergo Rigorous Imprisonment for a period of one year and to pay a fine of Rs.10,000/-, in default to suffer Rigorous imprisonment for two months. The accused challenged the said order of conviction and sentence before the learned Appellate Court. The learned Appellate court after hearing the parties has confirmed the Judgment passed by the learned Trial Court but modified the sentence of Rigorous Imprisonment for a period of one year to the fine of

Rs.20,000/- in total

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3. Being aggrieved by the dissatisfaction of the said observation of

the learned Appellate Court, the instant Criminal Revision Case has been

preferred.

4. Learned counsel for the petitioner submits that the learned

Appellate Court has acte