M V Amreeth vs K Venkata Krishna

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

deposit of 1/4th 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 Digitally signed by MAHABIR SINGH which was affirmed in the appeal and Date: 2018.05.19 13:07:18 IST Reason: that the said amount of Rs.10,000/-

(Rupees Ten Thousand) has already been remitted.

2 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

Court for deposit of 1/4th of the cheque amount is

vacated. We request the High Court to dispose of

Criminal Revision Case No. 89 of 2017 expeditiously 3

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.

4

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)