THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 12331 OF 2024

ORDER

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘the BNSS’) seeking quashment of the orders dated 06.09.2024 in Crl.M.P. No. 2001 of 2024 in Crl.A.No. 1297 of 2024 passed by the learned Special Judge for Trial of Offences under SCs & STs (POA) Act-cum-VI Additional Metropolitan Sessions Judge, Secunderabad.

2. The petitioner/appellant stands as the accused in C.C.N.I. No. 63 of 2023 on the file of the learned XVI Additional Judge-cum-XX Additional Chief Metropolitan Magistrate, Secunderabad. In the said proceedings, the petitioner was convicted for an offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the NI Act’). Pursuant to the conviction, the petitioner was sentenced to undergo simple imprisonment for a period of one year and to pay a fine of Rs.42,87,600/-. Out of the fine amount, compensation of Rs.42,86,600/- was awarded to the complainant, with a default sentence of two months in the event of non-payment.

3. Aggrieved by the conviction and sentence, the petitioner preferred an appeal, Crl.A. No. 12