UTTAM NAGRAJU Vs. R. MAHENDER

JUDGEMENT

(1.) This petition is filed under Section 482 of Cr.P.C., seeking to quash the order dated 12.01.2021 in Crl.M.P.No.9 of 2021 in Crl.M.P.No.346 of 2020 in Crl.A.No.315 of 2020 passed by the III Additional Metropolitan Sessions Judge at Hyderabad (for short, appellate Court).

(2.) The petitioner herein is the sole accused in C.C.No.4 of 2019 (old No.461 of 2019) on the file of the XIX Special Magistrate, Hyderabad (for short, trial Court). The offence alleged against the petitioner is under Section 138 of the Negotiable Instruments Act. Respondent No.1 herein has filed a complaint vide C.C.No.4 of 2019 and the same was ended in conviction vide judgment dated 03.03.2020 passed by the trial Court. The trial Court directed the petitioner herein to pay a fine of Rs.4,50,000/-.

(3.) Feeling aggrieved by the said judgment, the petitioner herein preferred an appeal vide Crl.A.No.315 of 2020 before the appellate Court. He has filed an application for suspension of sentence of imprisonment passed by the trial Court in C.C.No.4 of 2019. Vide order dated 09.12.2020, the appellate Court suspended the sentence of imprisonment subject to condition that the petitioner herein shall deposit 20% of the fine amount before the trial Court on or before 21.12.2020. The petitioner herein has filed extension petition vide Crl.M.P.No.9 of 2021 seeking extension of time and the same was dismissed vide order dated 12.01.2021. Feeling aggrieved by the same, the petitioner filed the present petition.