High Court of Telangana · 2025

Petition under Section ,ttl2 of Cr.P.C praying that in the circumstances stated in the lvlemorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records and modify the order dated 14-07-2023 passed in Crl.M.P.No.1275l2O23 in C.C. Nl. No.1133/2022 in Crl.A.No.2BO of 2023 on the file of the ll Additional Metropolitan Sessions Judge, at Hyderabad to the extent of depositing 2O% ol compensation amount before the trial court by allowing the present Criminal petition I.A. NO: 1 OF 2023 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings in Crl.A.No. 286 of 2023 on the file of the ll Addl. Metropolitan Sessions Judge at Hyderabad until disposal of the main Criminal petition int he interest of Justice a f This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K Gani Reddy ,Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and of Sri_Advocate for the Respondent No. The Court made the l'ollowing: ORDER THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITIoN No.8353 OF 2023 ORDER: This Criminal Petition is filed under Section 482 of Cr.P.C., by the petitioner/accused aggrieved by the order dated 14.07 .2023 in Crl.M.P.No. 1275 of 2023 in C.C.NI.No.1133 of 2022 in Cr1.A.No.286 of 2023 passed by the learned II Additional Metropolitan Sessions Judge, Hyderabad (for short, the appellate Court) to the extent of directing to deposit 2Oo/o of compensation amount to the credit of C.C.NI.No.1133 of 2022 of VII Metropolitan Magistrate, Manoranjan Complex, Nampally, Hyderabad (for short, the trial Court).

2. Heard learned counsel representing petitioner, learned Assistant Public Prosecutor for respondent No' 1 / State' No representation on behalf of respondent No'2' Perused the record.

3. The brief facts of the case are that the learned counsel for the petitioner/accused has filed petition stating that the petitioner is charged with the offence under Section 138 of 2 EW,J CrLP.No.A353 ol2023 Negotiable Instruments Act and subsequently, the learned VII Metropolitan Magistrate, Hyderabad passed Judgment dated 19-05-2023 in C.C.NI.No.1133 of 2022 (old C.C.No. 19 of 2018) wherein the petitioner was sentenced to undergo Sirnple Imprisonment for a period of one year arrd he was directed to pa), a fine of Rs.25,1O,OOO/- (Rupees Twenty live lakhs ten thousand only) and in default to undergo simple imprisonment for a period of four months and out of total fine of Rs.25,1O,OOO/-, Rs. 10,000/- shall be paid to the State and the remaining tne amount of Rs. 25,OO,OOO/- shall be paid to the complainant as compensation under Section 357 (1) (b) Cr.P.C.

4. Aggrieved by the Judgment of the trial Court, the petitioner filed an appeal in Cr1.A.No.286 of 2023 and Crl.M.P.No. 1275 of 2023 in C.C.NI.No.1133 of 2022 seeking to suspend the sentence imposed by the trial Court stating that he was innocent of the alleged offence and he was having good grounds to succeed in the appeal. Accordingly, the said petition in Crl.M.P.No.l275 of 2023 was allowed and the sentence imposed by the trial Court in EW.I C"LP-No.8353 oJ 2023 3 C.C.NI.No.1133 of 2022 dated 19.O5'2O23 was suspended on the terms and conditions imposed by the trial Court subject to the condition that the petitioner shall deposit 2Oo/o of the compensation amount before the trial Court within a period of sixty days from 14.07.2023. Aggneved by the same, the present Criminal Petition.

5. karned counsel for the petitioner contended that the Appellate Court ought to have seen that the compensation awarded by the trial Court is Rs.25,OO,0O/- (Rupees twenty five lakhs only) out of which 2O%o is Rs.5,0O,OOO/- (Rupees Iive lakhs only), which is a huge amount and the petitioner herein has no capacity to deposit 2Oo/o of the cheque amount and he seeks to reduce the same to 5o/o. In support of his contention he relied upon the decision rendered by the honble Supreme Court in Jamboo Bhondo;ri vs Madhga Prerdesh State Industrial Deoelopment Corporatlon Limited and otherst wherein it was held as follows: oin a case where appellate court is satisfied that condition of deposit of 20% will be u4iust or lmposing such q co.tdition will amount to deprivation of right of appeal oJ a-ppeltant, exception can be made for reasons specificallg ' (20231 l0 scc 446 4 EW,J C.LP.No.a:t53 of 2023 rccotded. Therefore, uthen appellate court considers praget under Section 389 of Cr.P.C of on acc-used. uho has been conaicted for o.lfence und.er Section 138 of M Act, it ts aluags open to appellate Court to consider uhether if, is cn exceptTorral case tohich wc,rro,n'ts grdnt ol suspension of sentertce uithout irryrosing condition of deposit of 2O%io of fine/compenso'tion amou t". Hence, he seeks to allow the Criminal Petition.

6. Learned Assistant Public Prosecutor contended that the trial Court as well as lower appellate court, after appreciation of the oral and documenta-ry evidence on record have rightly passed appropriate judgment and order respectively and interference of this court at this juncture is unrvarranted. Hence, he seeks to dismiss the Criminal Petition.

7. No representation on behalf of respondent No.2. Notice issued to respondent No.2 through registered post returned with an endorsement "item returned no such person in the address".

8. Taking into consideration of the submissions made by the respective counsel, this Court deems it appropriate to reduce deposit of compensation amount from 2Oo/o to lO%o and accordingly, the petitioner herein is directed to deposit LO% of the compensation arnount to the credit of 5 EW,J CrLP.No.E3'3 o.f 2023 C.C.NI.No.1 133 of 2022 of VII Metropolital Magistrate, Maloranjan Complex, Nampally, Hyderabad within a period of six weeks from today, Further, the learned II Additionat Metropolitan Sessions Judge, Hyderabad is directed to conduct the proceedings in Crl.A.No.286 of 2023 as expeditiously as possible strictly in accordance with law.

9. With the above observation, the Criminal Petition is disposed of. Miscellaneous applications pending, if any, shall stand closed. \ To, Sd/.MOHD.tSMAIL DEPUTY REGISTRAR //TRUE COPYII I CTION OFFICER

1. The ll Additional Metropolitan Sessions Judge, at 2. The vii Metropolitan Magistrate Complex, Hyderabad' 3. One CC to sri. K gani reddy Advocate {OPUCI 4.TwoCCtoAstatinePublicProsecutor,stateofTelangana,HighCourt bad. Buildings, at HYderabad (OUT)

5. Two CD CoPies VI- GE,rySL HIGH COURT DATED:2810212A25 ORDER CRLP.No.8353 of 2023 1HE SIh I€ o ( 2 0 lutl 2U J,) Q \ * o CRIMINAL PETITION IS DISPOSED OFF q "> 6