Sirama Chinna Narasimha Rao vs. Dodda Chaitanya Prasad
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Order Issued After Hearing
Purpose:
For Admission
Before:
Hon'ble B Krishna Mohan
Listed On:
20 Apr 2021
Original Order Copy
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Order Text
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
THURSDAY, THE SEVENTEENTH DAY OF JUNE. TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
IA No. 2 OF 2021 IN CRLRC NO: 263 OF 2021
Between:
Sirama Chinna Narasimha Rao, S/o Venkateswarlu, Aged 45 years, R/o D.No.12-91, Vusavari Bazar, 11<sup>th</sup> Ward, Chilakaluripet, Guntur District.
...Petitioner/Appellant/Accused (Petitioner in CRLRC 263 OF 2021 on the file of High Court)
AND
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- Dodda Chaitanya Prasad, S/o Krishna Murthy, Aged 37 years, R/o D.No.3-119, Pasumarru Village, Chilakaluripet Mandal, Guntur District.
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- State of Andhra Pradesh,, Rep, by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi.
...Respondents (Respondents in-do-)
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أأذران
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Petition under Section 397(1) of Cr.PC., praying that in the circumstances stated in the memo of grounds filed herein and the High Court may be pleased to suspend the operation of the conviction and sentence passed in C.C.No.73 of 2015, by judgment dated 04-10-2016 on the file of Principal Junior Civil Judge, Chilakaluripet, Guntur District, which was confirmed in Crl.Appeal No.548 of 2016 by Judgment dated 20-05-2020 on the file of the XIII Additional District & Sessions Judge, Guntur District at Narasaraopet, pending disposal of CRLRC No. 263 of 2021, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and memo of grounds filed in Crl.RC., and upon hearing the arguments of Sri Sricharan Telaprolu, Advocate for the Petitioner, Sri Manikonda Upendra Rao, Advocate for Respondent No.1, and of Public Prosecutor for Respondent No.2, the Court made the following
ORDER:
The appellant was accused in C.C.No.73 of 2015 before the Court of Principal Junior Civil Judge, Chilakaluripet, Guntur District for the offence under Section 138 of Negotiable Instruments Act. Upon conviction in the said case, Criminal Appeal No.548 of 2016 was moved before the Court of XIII Additional District & Sessions Judge, Guntur District at Narasaraopet who had affirmed the order of conviction. Aggrieved by the same, the petitioner has now moved this Court by way of this Criminal Revision Case.
Sri Sricharan Telaprolu, learned counsel for the petitioner would submit that the matter has now been compromised between the parties and the agreed amount has already been paid. He further submits that applications have also been filed for compounding the same before this Court. However, due to the ongoing pandemic, the said compromise could not be recorded before this Court. In the meantime, warrants have been issued against the petitioner.
Sri Manikonda Upendra Rao, learned counsel appearing for the complainant agrees that the de facto complainant and the petitioner had arrived at a settlement and the de facto complainant had received an amount of Rs.2,50,000/- from the appellant.
In these circumstances, there shall be suspension of sentence of XIII Additional District & Sessions Judge, Guntur District at Narasaraopet in Criminal Appeal No.548 of 2016, dated 20.05.2020, till further orders Sd/- M. PADMALATHA
IITRUE COPYII
For.
SECTION OFFICER
ASSISTANT REGISTRAR
To,
J
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- The XIII Addl. District and Sessions Judge, Guntur District at Narasaraopet
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- The Principal Junior Civil Judge, Chilakaluripet, Guntur District 3. Dodda Chaitanya Prasad, S/o Krishna Murthy, Aged 37 years, R/o D.No.3-119,
- Pasumarru Village, Chilakaluripet Mandal, Guntur District.
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- Two CCs to Public Prosecutor, High Court of Andhra Pradesh at Amaravathi.
- $(OUT)$ 5. One CC to Sri. Sricharan Telaprolu Advocate [OPUC]
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- One CC to Sri Manikonda Upendra Rao, Advocate (OPUC)
- One spare copy
Skm
HIGH COURT
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RRR,J
DATED:17/06/2021
ORDER
IA. No. 2 of 2021 $IN$ CRLRC.No.263 of 2021
INTERIM SUSPENSION