Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 747 OF 2018
[@ SPECIAL LEAVE PETITION (CRL.) NO. 1628 OF 2017]
M V AMREETH Appellant(s)
VERSUS
K VENKATA KRISHNA & ANR. Respondent(s)
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. The appellant is aggrieved since the High Court,
while admitting the revision against the conviction
in respect of an offence under Section 138 of
Negotiable Instruments Act, imposed a condition of
th
deposit of 1/4 of the cheque amount. This was in
addition to the fine which the appellant had already
remitted.
3. When the matter came up before this Court, on
02.03.2017, the following order was passed :-
“It is pointed out by the learned
counsel for the petitioner and we have
verified too that the sentence of fine
was only Rs.10,000/- (Rupees Ten
Thousand) by the learned Magistrate,
Signature Not Verified
which was affirmed in the appeal and
Digitally signed by
MAHABIR SINGH
Date: 2018.05.19
13:07:18 IST
Reason:
that the said amount of Rs.10,000/-
(Rupees Ten Thousand) has already been
remitted.
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No doubt, the Revisional Court has
jurisdiction to impose appropriate
conditions while suspending the
sentence. However, having regard to
the fact that the learned Magistrate
while ordering the sentence has limited
the fine to Rs.10,000/- (Rupees Ten
Thousand), which has been paid also, we
are of the view that the condition
imposed by the High Court, at this
stage, for suspension of sentence is
not warranted, in the peculiar facts of
this case.
Issue notice.
There will be stay of that part of the
direction in the impugned order for
deposit of 1/4th of the cheque amount
and subject to other conditions in the
order, the protection granted by the
High Court will continue to operate
until further orders.”
4. The learned counsel for the first respondent
submits that he has no objection in allowing the
appeal in case the Court could direct the High Court
to dispose of the Revision Petition expeditiously.
Accordingly, the interim direction issued by the High
th
Court for deposit of 1/4 of the cheque amount is
vacated. We request the High Court to dispose of
Criminal Revision Case No. 89 of 2017 expeditiously
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and preferably within six months from today, in view
of the fact that the first respondent is a senior
citizen.
5. In view of the above, the appeal is disposed of.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ MOHAN M. SHANTANAGOUDAR ]
New Delhi;
May 15, 2018.
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ITEM NO.38 COURT NO.5 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (Crl.) No. 1628 of 2017
M V AMREETH Appellant(s)
VERSUS
K VENKATA KRISHNA & ANR. Respondent(s)
Date : 15-05-2018 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH
HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
For Appellant(s) Mr. G. V. R. Choudary, Adv.
Mr. K. Shivraj Choudhuri, AOR
Mr. A. Chandra Sekhar, Adv.
Ms. Ayushi Goel, Adv.
For Respondent(s) Mr. Manoj C. Mishra, AOR
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeal is disposed of in terms of the signed
non-reportable Judgment.
Pending Interlocutory Applications, if any, stand disposed of.
(JAYANT KUMAR ARORA) (RENU DIWAN)
COURT MASTER ASSISTANT REGISTRAR
(Signed non-reportable Judgment is placed on the file)