Kotha Chalapathi Rao vs. The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
Admission
Before:
Hon'ble Y. Lakshmana Rao
Listed On:
15 May 2025
Original Order Copy
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Order Text
lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT` THURSDAY, THE FIFTEENTH DAY OF MAY, TWO THOUSAND AND TWENTY FIVE :PRESENT:
HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
IANo.2OF2025
lN
CRLRC NO: 444 OF 2025
Between :
`4+, /?,
Kotha Chalapathi Rao, S/o Manga RaJu, Aged about 59 years, Occ: Business, H.No. 78-16-22, Shymalanagar, Rajamahendrawaram, East Godavari District.
...Accused/Petitioner (Petitioner in CRLRC 444 OF 2025 on the file of High Court)
AND
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The State ofAndhra Pradesh, Rep. by its Public Prosecutor High Court for the State of Andhra Pradesh at Amaravathi.
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Karri Sridhar Reddy, S/o Subba Reddy, Aged about 53 years, Occ: Business, H.No.17-186, Gollape{a, Dowleswaram, Rajamahendraviaram Rurall Mandal, East Godavari District.
...ComplainanVRespondent
(Respondents in-do-)
Counsel for the petitioner : sR[ B.V.S.SIBALAKRISHNA RANJIT Counsel for the Respondent No.1 : PUBLIC PROSECUTOR
Petition under section 430 of BNSS, 2023 is filed praying that in the circumstances stated in the memorandum of grounds of criminal revision case, the High Court may be pleased to set aside the judgment dt. 13.02.2025 passed in Crl.A.No.407 of 2022 on the file of Family Court
Gum the lX Addl. District Judge, at Rajamahendravaram, modifying the judgment dt. 23.ll.2022 passed in C.C.No.2576 of 2018 on the file uf the VII Addl. Judicial First Class Magistrate Court, at Rajamahendravaram including the compensation amount of Rs.13,16,000/-, in the interest of justice, pending disposal of CRLRC No.444 of 2025, on the file of the High Court.
\ ORDER:
c£Heard learned counsel for the petitioner and learned Assistant PubII-C Prosecutor representing the state.
Learned trial Court imposed one (01) year imprisonment on the petitioner.
Learned Appel[ate Court confirmed the conviction for the offence under Section 138 of the Negotiable Instruments Act,1881 by modifying the compensation from Rs.19,00,000/I to Rs.13,16,000/ with a direction to pay the same within two (o2) months from the date of judgment failing which the petitioner/appeIIant shall undergo simple imprisonment for one (01) month.
At the time of pronouncement of the Judgment in the Appeal, the petitioner has not made himself present before the Court.
For the reasons mentioned in the accompanying affidavit.. the Order of sentence of imprisonment alone is suspended subject to a condition that the petitioner d.epositing 50% of the compensation amount modified by the learned Appellate Court and the petitioner shall forthwith surrender before the learned v][ Additional Judicial First class Magistrate, Court at Rajamahendravaram. On such surrender, the petitioner shall be enlarged on bail on his executing a Personal bond for a sum of Rs.10,000/-(Rupees ten thousand only) with two sureties for a]jke sum each to`the satisfaction of the learned
v" Additional JudllCI-aI First class Magistrate, court at Rajamendravaram."
fr jI
SD/-B.CHITTI JOSEPH
//TRUE COPY//
Fo
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- The VII Additional Judicial First class Magistrate court, at Rajamahendravaram.
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- The Family court Gum the lx Additional District Judge, at RaJ-amahendravaram
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- Karri Sridhar Reddy, s/o subba Reddy, H.No.17-186, Gollapeta, Dowleswaram, Rajamahendrawaram RuraII Mandal, East Godavari DI'StriCt (by RPAD)
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- One CC to SriJ. B.V.S S.Balakrishna Ranjit, Advocate [opuc]
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- Two CCs to public prosecutor, High Court ofAP [OUT]
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- One spare copy
- MM
iiIE
To,
HIGH COURT
Dr.YLR,J
DATED:15/05/2025
LIST THE MATTER AFTER SUMMER VACATION, 2025
ORDER
IA.No.2 OF 2025 $\mathsf{IN}$ CRLRC.No.444 of 2025
DIRECTION