Andhra Pradesh High Court – Amravati
Daram Mahipal vs The State Of Andhra Pradesh on 23 January, 2025
HIGH COURT OF ANDHRA PRADESH : AT AMARAVATI
MAIN CASE No.: Criminal RC No.1077 of 2024
PROCEEDING SHEET
SL. OFFICE
DATE ORDER
NO. NOTE
5. 23.01.2025 SRK, J
IA No.3 of 2025
A perusal of the material on record goes to
show that the respondent No.2/complainant filed
C.C.No.17 of 2019 on the file of the XVI Additional
Metropolitan Magistrate-cum-II Additional Junior
Civil Judge, Bheemunipatnam, against the
petitioner/accused for the offence punishable
under Section 138 read with 142 of the Negotiable
Instruments Act, 1881 (for brevity „the NI Act‟).
After full-fledged trial, the learned Magistrate
convicted the petitioner/accused of the said
offences in terms of Section 255 (2) of the Code of
Criminal Procedure, 1973 (for brevity „CrPC‟) and
sentenced him to undergo simple imprisonment
for a period of one (01) year and to pay a fine of
Rs.10.00 lakhs (Rupees ten lakhs only) and out of
the fine amount, an amount of Rs.9,25,000/-
(Rupees nine lakhs and twenty five thousand only)
is ordered to be given to the respondent No.2/
complainant towards compensation.
A perusal of material on record further
discloses that aggrieved by the said conviction
and sentence, the petitioner/accused preferred
appeal vide Criminal Appeal No.49 of 2023 on the
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file of the X Additional District and Sessions
Judge, Visakhapatnam at Anakapalli. After
appreciation of entire evidence brought on record,
vide Judgment, dated 11.07.2024 in Criminal
Appeal No.49 of 2023, learned Appellate Judge
confirmed the conviction and sentence, imposed
by the trial Court, and as, on the date of
pronouncement, the petitioner/accused was
absent, non-bailable warrant was issued against
him and the trial Court was directed to secure his
presence and commit him to prison to serve the
sentence imposed against the petitioner/ accused.
Aggrieved by the said Judgment, the
petitioner/accused preferred the present Criminal
Revision Case.
A perusal of proceedings sheet in the
present Criminal Revision Case would disclose
that on 22.11.2024, learned counsel for the
petitioner/accused undertook that the petitioner/
accused would deposit 30% of the compensation
amount to show his bonafides within the time
stipulated by this Court. Considering the
submission made by the learned counsel for the
petitioner/accused, this Court passed the following
order:
“Considering the submissions made, the
sentence of imprisonment alone is suspended,
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DATE ORDER
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pending disposal of the Criminal Revision Case,
and the petitioner herein is directed to surrender
before the learned XVI Additional Metropolitan
Magistrate-cum-II Additional Junior Civil Judge,
Bheemunipatnam, within a period of two (02)
weeks from today and, on such surrender, he shall
be enlarged on bail on his executing a personal
bond for a sum of Rs.10,000/- (Rupees ten
thousand only) with two sureties for a likesum each
to the satisfaction of the learned XVI Additional
Metropolitan Magistrate-cum-II Additional Junior
Civil Judge, Bheemunipatnam, and also on
condition of his depositing 30% of the
compensation amount within a period of four (04)
weeks from today. In default of deposit of said
amount as ordered supra, the Court is at liberty to
proceed in accordance with law.
It is further directed that the petitioner herein
shall file a memo before the Court below
undertaking that he will deposit the 30% of the
compensation amount as directed by this Court.”
Learned counsel for the petitioner/accused
submitted that the petitioner/accused could not
comply the order of this Court due to his financial
incapacity and thereby, non-bailable warrant was
executed against the petitioner/accused on
27.12.2024 and he was remanded to judicial
custody. Accordingly, the learned counsel for the
petitioner/ accused, on 03.01.2025, filed IA No.1
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of 2025 praying the Court to grant bail to the
petitioner/accused by suspending the conviction
and sentence as aforesaid. This Court, after
considering the submissions made by the learned
counsel for the petitioner/accused, passed the
following Order:
“Heard. Perused the record. In the facts and
circumstances, the sentence of imprisonment alone
is suspended, pending disposal of the Crl.RC, and
the petitioner shall be enlarged on bail on his
executing personal bond for a sum of Rs.10,000/-
(Rupees ten thousand only) with two sureties for a
likesum each to the satisfaction of the learned XVI
Additional Metropolitan Magistrate-cum-II Additional
Junior Civil Judge, Bheemunipatnam.”
Learned counsel for the petitioner/accused
submitted that since 30% of the compensation
amount as ordered by this Court vide Order, dated
22.11.2024, was not complied with, the
petitioner/accused has been languishing in jail
since 27.12.2024. Learned counsel for the
petitioner/accused submitted that due to his
financial incapacity, he could not comply the Order
of this Court and hence, prays the Court to
enlarge the petitioner/accused on bail by
suspending the sentence pending disposal of the
Criminal Revision Case.
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DATE ORDER
NO. NOTE
Heard. Perused the record. In the facts and
circumstances, the sentence imposed by the
Court below is suspended, pending disposal of the
present Criminal Revision Case and the
petitioner/accused shall be enlarged on bail on his
executing personal bond for a sum of Rs.10,000/-
(Rupees Ten Thousand only) with two sureties for
a like sum each to the satisfaction of the learned
XVI Additional Metropolitan Magistrate-cum-II
Additional Junior Civil Judge, Bheemunipatnam.
______
SRK, J
Note:
Issue CC by today.
B/o.
DNB