MEKALA SUDHA PRAMEELA KANTHA Vs. STATE

JUDGEMENT

(1.) learned counsel for the petitioner, argued that the present petition is filed under Sec. 482 of the Code of Criminal Procedure and Sec. 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 Sec. 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.10,00,000.00 (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 Sec. 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 the petitioner would further contend that the learned Sessions Judge, in an order dtd. 10/5/2024, permitted the application by suspending the sentence of imprisonment and the payment of compensation, on the condition of depositing 20% of the compensation awarded by the learned Magistrate within 60 days of the order.