APHC010357342016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3560] THURSDAY,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE NO: 2466/2016 Between: 1. KANTU BRAHMAIAH, GUNTUR.,, S/O. VENKAIAH, AGE: 54 YEARS, OCC: BUSINESS, PROPRIETOR OF K.B.FASHIONS, ZINNAH TOWER, GUNTUR. R/O. D.NO. 4-5-26/39, 4/2, VIDHYA NAGAR, GUNTUR. ...PETITIONER AND 1. KOTHAPALLI NAGESWARA RAO DIED, S/O. VENKATA SUBBAIAH, AGE 66 YEARS, R/O. D.NO. 4-5-26/39, 4/2, VIDYA NAGAR, GUNTUR. 2. THE STATE OF A P, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT, HYDERABAD. 3. BANDLAMUDI SUBBAYAMMA, C/O. B. SRINIVASA RAO, AGED ABOUT 52 YEARS, R/O. FLAT NO.501, ABHIRAMS RESIDENCY, 4/5TH LINE VIDYA NAGAR, GUNTUR, ANDHRA PRADESH. 4. KOTHAPALLI RAJESWARI, W/O. NAGESWARA RAO, AGED ABOUT 72 YEARS, D.NO.4-5-26/39, 4/2, VIDYA NAGAR, GUNTUR, ANDHRA PRADESH. 5. KOTHAPALLI SRINIVASARAO, S/O. KOTHAPALLI SRINIVASARAO, S/O. KOTHAPALLI NAGESWARA RAO, AGED ABOUT 54 YEARS, R/O. 4-5-26/39, 4/2 LINE, VIDYANAGAR, GUNTUR, ANDHRA PRADESH. SINCE RESPONDENT NO.1 -2- CRL.R.C. No.2466 of 2016 IS DIED, RESPONDENT NO.1 LR'S IS BROUGHT ON RECORD AS RESPONDENT NOS.3 TO 5, AS PER THE COURT'S ORDER DATED 20.02.2026 IN I.A.NO.1 OF 2026 IN CRL.R.C.NO.2466 OF 2016. ...RESPONDENT(S): Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court may be pleased to file this criminal revision petition against the Judgment and sentence passed by the court of the I Addl. Sessions & District Judge; at Guntur, Dt. 26-09-2016 in CrI.A. No. 223 of 2015, by modifying the judgment and sentence passed by the court of the Spl. Judicial First Class Magistrate for Prohibition and Excise, at Guntur, Guntur District. Dt. 30-04-2015. In C.C. No. 372/2013 to the extent of imposing fine amount. IA NO: 1 OF 2016(CRLRCMP 3817 OF 2016 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the sentence of fine amount which is passel by the court of the I Addl. Sessions & District Judge; at Guntur, Dt. 26-09- 2016 in CrI.A. No. 223 of 2015, by modifying the judgment and sentence passed by the learned the Sp!. Judicial First Class Magistrate for Prohibition and Excise, Guntur, Dt. 30-01-2015 in C.C.NO. 372/2013, pending disposal of the Criminal Revision Case before this Hon’ble Court. IA NO: 2 OF 2016(CRLRCMP 4639 OF 2016 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order dated 13.09.2016 in CRl.RC.No.2466/2016 IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased May be pleased to bring the Proposed respondents 3 to 5 herein on record as Legal representatives of the deceased respondent -3- CRL.R.C. No.2466 of 2016 No. 1 in above CRLRC No. 2466 of 2016 as respondents 3 to 5 and pass Counsel for the Petitioner: 1. DR.CHALLA SRINIVASA REDDY Counsel for the Respondent(S): 1. KODURU BUJJI BABU 2. NA 3. PUBLIC PROSECUTOR The Court made the following: -4- CRL.R.C. No.2466 of 2016 THE HON’BLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE NO: 2466 OF 2016 ORDER: 1. Inspite of the matter is being listed under the caption ‘for dismissal’, none appears on behalf of the petitioner. 2. The instant criminal revision case, under Sections 397 and 401 of the Code of Criminal Procedure, 1973, has been filed against the judgment dated 26.09.2016, passed by the I Additional Sessions Judge, Guntur, in Crl.A.No.223 of 2015, whereby the learned Sessions Judge modified the judgment dt.30.04.2015 passed by learned Special Judicial First Class Magistrate for Prohibition & Excise, Guntur, in C.C. No.372 of 2013 for the offence under Sections 138 of the Negotiable Instruments Act and convicted and sentenced to undergo rigorous imprisonment for six months and to pay fine of Rs.7,00,000/- and in default to undergo simple imprisonment for one month. 3. I have perused the order passed by the learned trial court. 4. On careful observation of the findings, it appears that learned Sessions Judge has modified the conviction and sentence and sentenced to undergo rigorous imprisonment for six months and to pay fine of Rs.7,00,000/- and in default to undergo simple imprisonment for one month for the offence under Sections 138 of the Negotiable Instruments Act by fixing several points for -5- CRL.R.C. No.2466 of 2016 determination. The order of conviction and sentence has also mentioned the evidentiary value of the witnesses in detail and the documents placed by the parties has also been scanned. 5. On a careful perusal of the observation of the learned trail court, it appears that the trial court has specifically decided the grounds of the revision case as mentioned by the petitioner, he has also decided on the point for determination. I find no illegality and impropriety in the order itself. 6. Considering the same, I find no justification to interfere with the order of conviction and sentence passed by the learned trial court. 7. Under the above observation, the instant criminal revision case is dismissed as devoid of merit. The order of suspension of sentence passed by this Court during pendency of the instant criminal revision case is hereby revoked. Since the petitioner is not present before this Court, let a copy of this order be served upon the learned trial court for ready reference. 8. As a sequel, miscellaneous applications pending, if any, shall stand closed. ____________________________ JUSTICE SUBHENDU SAMANTA Date:30.04.2026 BV