C NAGESWARA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition under Section 482 of Cr. P.C. seeks quashing of the orders of the IV Additional Metropolitan Sessions Judge, Hyderabad dated 15-2-2000 passed in Crl. M.P. No. 86 of 2000 in Cri. Appeal No. 13 of 2000 under which the learned Additional Metropolitan Sessions Judge dismissed the petitioner-accused's petition for suspending the sentence.

(2.) It appears that the petitioner was prosecuted for the offence under Section 138 of the Negotiable Instruments Act under which he was convicted and sentenced to pay a fine of Rs. 5,000.00 and to undergo rigorous imprisonment for a period of two months. It is not disputed that the petitioner had deposited the fine imposed.

(3.) The learned counsel for the petitioner contends that normally in an appeal against conviction, the substantive sentence of imprisonment is suspended during the pendency of the appeal and for no reason the learned Additional Metropolitan Sessions Judge in this case has refused to suspend the sentence.