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2025 DAILYLAW 15485 (AP)

GOWLIKAR RAJESH v. THE STATE OF ANDHRA PRADESH

CRLP/4165/2025 · 2025-04-21

Harinath N

body2025

Judgment text

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1 HN, J Crl.P.No.4165 _2025 APHC010197262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY ,THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4165/2025 Between: Gowlikar Rajesh ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. G VENKATA REDDY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2 HN, J Crl.P.No.4165 _2025 The Court made the following Order: 1. The learned counsel for the petitioner submits that the petitioner is aggrieved by the order passed by the IV Additional Sessions Judge-cum-Special Judge for the Trial of Cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,1989, Guntur. 2. The petitioner has filed Crl.A.No.15 of 2025 against the judgment inC.C.No.314 of 2021. The petitioner was found guilty for the offence under Section 138 of theNI Act and was sentenceto undergo simple imprisonment for a period of one year. The petitioner was further directed to pay compensation of Rs.5,00,000/- to the complainant within four months. The petitioner filed Crl.M.P.No.47 of 2025 seeking suspension of the sentence. The learned Sessions Judge,vide order dated 23.01.2025,suspended the sentence and imposed a condition of depositing20% of the compensation awarded by the trial Court. The said depositwas to be made within a period of 90 days from the date of the order. A further condition to direct the petitioner to appear on each and every adjournment pending appeal was also imposed by the learned Sessions Judge. 3. The learned counsel appearing for the petitioner submits that the condition of deposit of 20% of the compensation amount is onerous. That apart, a further condition requiring the petitioner to attend the Court on each and every adjournment pending appeal is equallyonerous. It is also submitted that time 3 HN, J Crl.P.No.4165 _2025 granted by the learned Sessions Judge forthe deposit of the compensation amount has already passed. 4. Considering the submissions and after hearing the learned Assistant Public Prosecutor, this Court finds no grounds to interfere with the order passed by the Sessions Judge. However, considering the submissions of the learned counsel for the petitioner, the time granted for the deposit of 20% the compensation amount shall stand extended till the 15thof May. The further condition that the petitioner shall attend the appellate court on each and every adjournment will stand deleted from the order. 5. With these observations, the Criminal Petition is disposed off. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Dt.21.04.2025 CC by 23.04.2025 B/o.NKA 4 HN, J Crl.P.No.4165 _2025 116 HONOURABLE SRI JUSTICE HARINATH.N Criminal Petition No.4165 of 2025 Date: 21.04.2025 NKA