Suspension of sentence & fine pending appeal = petitioner has already filed an Insolvency Petition and the petitioner is not in a position to deposit Rs.1,00,000/- and execute a bond for Rs.5,000/- with two sureties for the likesum each and hence, he prays this Court to relax the said conditions. Considering the facts and circumstances of the case, the condition imposed on the petitioner in Crl.M.P.No.61 of 2016 in Crl.A.No.264 of 2016 on the file of the III Additional Sessions Judge, Guntur insofar directing him to deposit Rs.1,00,000/- before the trial Court within a period of one week from the date of the order is concerned is hereby relaxed. The other condition imposed on the petitioner to execute a bond for Rs.5,000/- with two sureties for the like sum each to the satisfaction of the learned Magistrate shall remain unaltered.

THE HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL REVISION CASE No.1387 OF 2016
ORDER:
This Criminal Revision Case is preferred by the
petitioner/accused against the order, dated 3.6.2016, in Crl.M.P.No.61
of 2016 in Crl.A.No.264 of 2016 on the file of the III Additional
Sessions Judge, Guntur insofar as the conditions imposed on the
petitioner to deposit Rs.1,00,000/- before the trial Court within a period
of one week from the date of the order and to execute a bond for
Rs.5,000/- with two sureties for the like sum each to the satisfaction of
the Additional Judicial Magistrate of First Class, Ponnur, are
concerned.
2. The petitioner/accused was convicted for the offence punishable
under Section 138 of the Negotiable Instruments Act, 1881 in
C.C.No.82 of 2015 on the file of the Additional Judicial Magistrate of
First Class, Ponnur and he was sentenced to undergo simple
imprisonment for a period of six months and to pay a fine of
Rs.8,75,000/-, in default, to suffer simple imprisonment for a period of
six months. The petitioner filed Crl.M.P.No.61 of 2016 in Crl.A.No.264
of 2016 on the file of the III Additional Sessions Judge, Guntur to
suspend the execution of the said sentence and payment of fine
pending disposal of the appeal and the same was allowed on
conditions of the petitioner depositing Rs.1,00,000/- before the trial
Court within a period of one week from the date of that order and on
executing a bond for Rs.5,000/- with two sureties for the like sum each
to the satisfaction of the learned Magistrate. Being aggrieved by the
said conditions, the petitioner preferred this revision.
3. Learned counsel for the petitioner has submitted that the
petitioner has already filed an Insolvency Petition and the petitioner is
not in a position to deposit Rs.1,00,000/- and execute a bond for
Rs.5,000/- with two sureties for the likesum each and hence, he prays
this Court to relax the said conditions.
4. Considering the facts and circumstances of the case, the
condition imposed on the petitioner in Crl.M.P.No.61 of 2016 in
Crl.A.No.264 of 2016 on the file of the III Additional Sessions Judge,
Guntur insofar directing him to deposit Rs.1,00,000/- before the trial
Court within a period of one week from the date of the order is
concerned is hereby relaxed. The other condition imposed on the
petitioner to execute a bond for Rs.5,000/- with two sureties for the like
sum each to the satisfaction of the learned Magistrate shall remain
unaltered.
5. With the above modification, the Criminal Revision Case is
disposed of.
6. Miscellaneous petitions pending, if any, in this Criminal Revision
Case shall stand closed.
_________________________
JUSTICE RAJA ELANGO
8.6.2016
AMD
THE HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL REVISION CASE No.1387 OF 2016
Date: 8.6.2016
AMD