Extracted from the PDF above. The PDF is authoritative.
APHC010011842026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 33/2026 Between:
1. BETHAPUDI WILSON BABU, S/O. PADMA PRABHAKAR,AGED 45 YEARS, CHURCH PASTOR IN HOLLY CHRISTIAN MINISTRIES,R/O.
DOOR NO. 7-15, RAJEEV NAGAR, KATRENIPADU,MUSUNURU MANDAL, KRISHNA DISTRICT.
...PETITIONER AND
1. SHAIK SAIBABA, S/O. PEERU SAHEB,AGED ABOUT 49 YEARS.
TENT HOUSE BUSINESS,R/O. D.NO. 10/314, SRI SRINIVASA TENT HOUSE, ELURU ROAD, NAGAVARAPPADU, GUDIVADA TOWN AND MANDAL.
2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF AP AT AMARAVATHI.
...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 allow the present Criminal Revision Case by setting aside the Judgment dated 14.11.2025 passed in CRL.A. No. 56 of 2018 on the file of the Court of the XI Additional Sessions Judge, Krishna at Gudivada confirming the conviction and modifying the sentence imposed in the Judgment dated 14.02.2018 passed in C.C.No. 16 of 2016 on the file of the Court of the Principal Junior Civil Judge-Cum-Judicial First Class Magistrare, Gudivada
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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 to suspend the conviction and sentence imposed in the Judgment dated 14.11.2025 passed in CRL.A. No. 56 of 2018 on the file of the Court of the XI Additional Sessions Judge, Krishna at Gudivada confirming the conviction and modifying the sentence imposed in the Judgment dated 14.02.2018 passed in C.C.No. 16 of 2016 on the file of the Court of the Principal Junior Civil Judge- Cum-Judicial First Class Magistrate, Gudivada and consequently enlarge the Petitioner on bail pending disposal of the above Criminal Revision Case Counsel for the Petitioner:
1. Y N ANJANEYACHARYULU Counsel for the Respondent(S):
1. PUBLIC PROSECUTOR
2.
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 33/2026
ORDER:
The present Criminal Revision Case has been filed under Section 438 and 442 of Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the
Judgment dated 14.11.2025 passed by the learned XI Additional Sessions Judge, Krishna at Gudivada in Crl.A.No.56 of 2018, confirming the conviction and modifying the sentence imposed in the Judgment dated 14.02.2018, passed by the learned Principal Junior Civil Judge-cum-Judicial First Class Magistrate, Gudivada in C.C.No.16 of 2016.
2. Heard Sri. Y.N.Anjaneyacharyulu, learned counsel for the petitioner and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor takes notice on behalf of the State.
3.
Learned counsel for the petitioner would submit that the petitioner herein was convicted for the offence punishable under Section 138 of Negotiable Instruments Act in C.C.No.16 of 2016 vide Judgment dated
14.02.2018. Being aggrieved by the said conviction, the petitioner preferred an appeal in Crl.A.No.56 of 2018 on the file of the learned XI Additional Sessions Judge, Krishna at Gudivada. Learned Appellate Judge vide Judgment dated 14.11.2025, while confirming the conviction, modified the sentence regarding imprisonment imposed against the petitioner. 4
4. The record would show that the petitioner was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.5000/- and that was modified in the appeal, directing the petitioner to pay Rs.6,00,000/-, which is the cheque amount within a period of two (2) months, from the date of judgment in Crl.A.No.56 of 2018, in default, the petitioner shall suffer simple imprisonment for a period of six (6) months vide Judgment dated 14.11.2025. Learned counsel for the petitioner is seeking stay of the operation of the Judgment passed by the learned Appellate Judge in Crl.A.No.56 of 2018 dated 14.11.2025. 5. This Court does not find any reason to interfere in the concurrent judgments passed by the learned Trial Judge, which was confirmed by the learned Appellate Judge regarding conviction of the petitioner for the offence punishable under Section 138 of Negotiable Instruments Act. Learned Appellate Judge taking into consideration the old age of the petitioner and the fact that he has been appearing before the Court for the last decade, while confirming the conviction, modified the sentence imposed upon the petitioner by directing him to pay the cheque amount of Rs.6,00,000/- to the complainant within a period of two (2) months from the date of judgment. The petitioner is now seeking a stay of the operation of the judgment passed by the learned Appellate Court.. 6. In the light of the facts and circumstances of this case, since the learned counsel for the petitioner could not bring to the notice of this Court any jurisdictional error in the impugned Judgments passed by the learned Trial
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Court, which was confirmed by the learned Appellate Court. Viewed from any angle, there are no reasons to entertain the present revision. Hence, the present Criminal Revision Case is liable to be dismissed at the stage of admission itself.
Consequently, miscellaneous applications pending, if any, shall stand closed. __________________________________________ DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 19.01.2026. UPS
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL REVISION CASE NO: 33/2026
Dt.19.01.2026
UPS