SHAIK MOHAMMAD ALI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Revision Case was filed by the petitioner herein/accused against the Order, dtd. 24/9/2024 passed in Crl.M.P.No.36 of 2024 in Criminal Appeal No.80 of 2024 by the learned V Additional District and Sessions Judge, Tirupathi.

(2.) The respondent No.1 is the complainant in Calendar Case No.4341 of 2021 on the file of the IV Additional Judicial Magistrate of First Class, Tirupati and he filed the complaint against the petitioner herein, who is accused therein, for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for brevity 'the NI Act'). The trial Court, after full-fledged trial, convicted the petitioner/accused of the aforesaid offence in terms of Sec. 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 cheque amount of Rs.10,00,000.00 (Rupees ten lakhs only) and in case of default of payment, he shall suffer simple imprisonment for a further period of ten (10) days.

(3.) Aggrieved by the said conviction and sentence, the petitioner/accused preferred appeal vide Criminal Appeal No.80 of 2024 before the learned V Additional District and Sessions Judge, Tirupati. Learned counsel for the petitioner/accused filed Crl.M.P.No.36 of 2024 in Criminal Appeal No.80 of 2024 under Sec. 389 (1) CrPC praying the Court to suspend the execution of sentence, imposed in the Judgment dtd. 17/5/2024 passed in C.C.No.4341 of 2021 by the trial Court.