APHC010479882024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL PETITION NO: 7676/2024 Between:

1. SMT MEKALA SUDHA PRAMEELA KANTHA @ JANGAM SUDHA PRAMEELA KANTHA, @ JANGAM SUDHA PRAMEELA KANTHA, W/O. SATYAM, AGED 32 YEARS, D.NO.21-5-15, KORLAMMAPETA, R/O.RAJAMAHENDRAVARAM.

...PETITIONER/ACCUSED AND

1. THE STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATI.

2. SMT THANNERU LATHA W/O SIVA KUMAR 45 YEARS DNO

21-515 KORLAMMAPETA, R/O. RAJAMAHENDRAVARAM.

...RESPONDENTS/COMPLAINANT(S):

Counsel for the Petitioner/accused:

1. K K DURGA PRASAD Counsel for the Respondent/complainant(S):

1. PUBLIC PROSECUTOR The Court made the following:

HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ****

CRL.P.No.7676 OF 2024 Between:

Smt.Mekala Sudha Prameela Kantha @ Jangam Sudha Prameela Kantha, W/o.Satyam, Aged 32 years, Hindu, R/o.D.No.21-5-15, Korlammapeta, Rajamahendravaram. ….Petitioner/Accused.

Versus

1. The State: rep. By Public Prosecutor, High Court of Andhra Pradesh, Amaravati.

2. Smt.Thanneru Latha, W/o.Siva Kumar, Aged 45 years, R/o.D.No.21-5-15, Korlammapeta, Rajamahendravaram.

….Respondents/Complainant.

DATE OF ORDER PRONOUNCED : 06.01.2025 SUBMITTED FOR APPROVAL:

HON'BLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI

1. Whether Reporters of Local Newspapers may be allowed to see the Judgment? Yes/No

2. Whether the copy of Judgment may be marked to Law Reporters/Journals? Yes/No

3. Whether His Lordship wish to see the fair copy of the Judgment? Yes/No _____________________________ JUSTICE B.V.L.N.CHAKRAVARTHI THE HON'BLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI + CRL.P.No.7676 OF 2024 % 06.01.2025 # Between:

Smt.Mekala Sudha Prameela Kantha @ Jangam Sudha Prameela Kantha, W/o.Satyam, Aged 32 years, Hindu, R/o.D.No.21-5-15, Korlammapeta, Rajamahendravaram. ….Petitioner/Accused.

Versus

1. The State: rep. By Public Prosecutor, High Court of Andhra Pradesh, Amaravati.

2. Smt.Thanneru Latha, W/o.Siva Kumar, Aged 45 years, R/o.D.No.21-5-15, Korlammapeta, Rajamahendravaram.

….Respondents/Complainant.

! Counsel for the Petitioner : Sri K.K.Durga Prasad ^ Counsel for the Respondent No.1 : Public Prosecutor ^ Counsel for the Respondent No.2 : ---

Gist:

> Head Note:

? Cases referred:

1) 2023 LIVE LAW (SC) 776

2) 2024 INSC 1046

3) 2019 (11) SCC 341 This Court made the following:

THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL PETITION No: 7676 OF 2024

O R D E R:

Sri K.K.Durga Prasad, learned counsel for the petitioner, argued that the present petition is filed under Section 482 of the Code of Criminal Procedure and Section 528 of BNSS, 2023, on behalf of the petitioner/accused to modify or set aside the order dated August 30, 2024, in Criminal Petition No. 314 of 2024 in Criminal Appeal No. 147 of 2024, which is currently pending before the learned IX Additional District and Sessions Judge, East Godavari, at Rajamahendravaram.

2. The learned counsel for the petitioner further states that the petitioner was convicted by the learned Magistrate in C.C No. 557/2021 for the offence under Section 138 of the Negotiable Instruments Act, 1881, as per the judgment dated April 15, 2024, on the file of VII Additional Judicial Magistrate of the First Class, Rajamahendravaram. The learned Magistrate sentenced the petitioner to undergo simple imprisonment for one year and to pay a compensation of Rs.10,00,000/- (Rupees Ten Lakhs only), which is the amount of the cheque, in default, to undergo simple imprisonment for three (03) months. Subsequently, the petitioner filed Criminal Appeal No. 147 of 2024 on the file of the learned IX Additional District and Sessions Judge, East Godavari, at Rajamahendravaram. In the appeal, he filed Cri. Petition No 314 of 2024 under Section 389(1) of the CrPC seeking suspension of the sentence and the payment of the compensation amount imposed by the learned Magistrate.

3. The learned counsel for t