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2025 DAILYLAW 8847 (AP)

DOMMETI SOMARAJU v. THE STATE OF ANDHRA PRADESH

CRLP/2156/2025 · 2025-03-04

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2156 OF 2025 Between; Dommeti Somaraju, S/o.Venkanna Business, R/o.Dr.No.2-9/1, Mandal, East Godavari District - 533 249. aged about 52 years, Occ: Near Locks, Podalada Village, Razol ...Petitioner/Accused AND 1. The State of Andhra Pradesh, Rep by its Public Prosecutor Amaravathi. High Court ...Respondent 2. Satti Naga Venkata Reddy, S/o.Venkata Reddy, aged about R/o.Dr.No.9-21A, Near Venkateswara Swamy Temple, Marteru Village, Penumantra Mandal, West Godavari District. 41 years. ...Respondent/Defacto Complainant Petition filed under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the 2024 in Crl.A.No.169 of 2024 in C.C.No.388 of 2021 of the IV Additional Sessions Judge, Tanuku and quash the records in Crl.M.P.No.676 of on the file of the Court same. m I.A. NO: 1 OF 2025 Petition filed under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to suspend the operation of Order, dated 28.08.2024 made in Crl.M.P.No.676 of 2024 in Crl.A.No.169 of 2024 in C.C.No.388 of 2021 on the file of the Court of the IV Additional Sessions Judge, Tanuku in so far as directing the petitioner to deposit 20% of the cheque amount with the Trial Court within 60 days, pending disposal of the quash petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri V S K Rama Rao, Advocate for Petitioner and the Assistant Public Prosecutor on behalf of Respondent No.1 The Court made the following Order; ' APHC010100322025 IN the high court of andhra pradesh AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2156/2025 Between: Dommeti Somaraju ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused: 1.VS K RAMA RAO Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following Order: ...RESPONDENT/COMPLAINANT(S) The petitioner is challenging the order passed in Cr.M.P.No.676 of 2024 in Criminal appeal No.169 of 2024, whereby the learned IV Additional Sessions Judge, Tanuku, while suspending the sentenced imposed on the petitioner in C.C.No.388 of 2021 imposed the condition of deposit of 20% to the cheque amount with the trial Court within 60 days from the date of the order. The said order was pronounced on 28.06.2024. 2. The learned counsel for the petitioner submits that the imposition of such condition is not in accordance with the law laid down by the Hon’ble Supreme Court in the matter of the judgment •r 2 passed in Jamboo Bandari vs. M.P. State Industrial Development Corporation Ltd in Crl.A.No.2741 of 2023. Considering the ratio laid down by the Hon’ble Supreme Court, this Court finds no grounds to interfere in the impugned proceedings. The learned counsel for the petitioner requests this Court to grant further time to deposit the 20% of the cheque amount as directed by the IV Additional Sessions Judge, Tanuku. Considering the same, the criminal petition is disposed off extending the time till 30.04.2025 the suspension of sentence granted for the IV Additional Sessions Judge, Tanuku, shall stand It is needless to mention that, in the event, if the petitioner fails to deposit the 20% of the cheque amount the order stands vacated. 3. 4. extended till 30.04.2025. As a sequel, pending miscellaneous petitions, if any, shall Sd/- A VENUGOPALA RAO ASSISTANT REGISTRAR stand closed. //TRUE COPY// I SECTION OFFICER To. 1. The IV Additional Sessions Judge, Tanuku, West Godavari District. 2. The Special Magistrate, Tanuku, West Godavari District. 3. One CC to Sri V S K Rama Rao Advocate [OPUC] 4. Two CC's to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 5. Three CD Copies BSV HIGH COURT DATED:04/03/2025 ORDER g 0 7 APR 2075 g Current Section . ^ CRLP.No.2156 of 2025 DISPOSING OF THE CRIMINAL PETITION