conditional suspension of sentence pending appeal not wrong= under Section 389 Cr.P.C. to suspend the sentence of imprisonment. The III Additional Sessions Judge, Kakinada, while suspending the sentence directed the petitioner to deposit Rs.50,000/- from out of the compensation amount of Rs.2,00,000/- awarded by the III Additional Judicial Magistrate of First Class, Kakinada. Questioning the same, the present petition is filed. 3. Considering the facts and circumstances, the order passed by the Court below is just and reasonable and does not require any interference by this Court. 4. Accordingly, the Criminal Petition is dismissed.

CRLP 1044 / 2013

CRLPSR 3281 / 2013

PETITIONER RESPONDENT MEESALA SRINIVASA RAO, E.G.DT.,   VS KARRI KANAYYA, KAKINADA, REP PP., & ANR., PET.ADV. : RAVI KUMAR RESP.ADV. : PUBLIC PROSECUTOR SUBJECT: U/s.482 Cr.p.c Other offences not covered(Misc.) DISTRICT:  EAST GODAVARI

THE HON’BLE SRI JUSTICE K.C. BHANU

CRIMINAL PETITION No.1044 OF 2013

ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (for short, “the Cr.P.C.”), is filed to quash the order in Crl.M.P.No.53 of 2013 in C.A.No.26 of 2013, dated 29.01.2013, on the file of III Additional Sessions Judge, Kakinada, EastGodavari District, to the extent of directing the petitioner to deposit Rs.50,000/- from out of the compensation of Rs.2,00,000/- on or before 11.02.2013 made in Crl.M.P.No.53 of 2013 in C.A.No.26 of 2013 on the file of III Additional Sessions Judge, Kakinada.

2. Heard.

3. The petitioner, who is accused in C.C.No.3422 of 2009 on the file of III Additional Judicial Magistrate of First Class, Kakinadafiled by the 1^st respondent herein under Section 138 of Negotiable Instruments Act, 1881, was convicted for six months serious imprisonment and was also directed to pay compensation of
Rs.2,00,000/- to the complainant within two months from the date of judgment or in default serious imprisonment for three months. Aggrieved by the same, the petitioner filed Criminal Appeal No.26 of 2013 before the Court of Additional Sessions Judge, Kakinada, wherein he filed the impugned Crl.M.P.No.53 of 2013 under Section 389 Cr.P.C. to suspend the sentence of imprisonment. 
The III Additional Sessions Judge, Kakinada, while suspending the sentence directed the petitioner to deposit Rs.50,000/- from out of the compensation amount of Rs.2,00,000/- awarded by the III Additional Judicial Magistrate of First Class, Kakinada.  Questioning the same, the present petition is filed.

3. Considering the facts and circumstances, the order passed by the Court below is just and reasonable and does not require any interference by this Court.

4. Accordingly, the Criminal Petition is dismissed.  The miscellaneous petitions pending, if any, in this petition shall stand closed. There shall be no order as to costs.

________________

K.C.BHANU, J

08.02.2013.

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THE HON’BLE SRI JUSTICE K.C. BHANU

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CRIMINAL PETITION No.1044 OF 2013

08.02.2013

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