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2026 DAILYLAW 23496 (AP)

MURAMULLA PRASADA RAO v. THE STATE OF A.P. & ANOTHER

CRLRC/1439/2013 · 2026-02-05

Subhendu Samanta

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010432452013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3560] FRIDAY,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE NO: 1439/2013 Between: 1. MURAMULLA PRASADA RAO, S/O ATCHAYYA, R/O HUGLEE JUTE MILLS CANTEEN, BOBBILI, VIZIANAGARAM DIST. ...PETITIONER AND 1. THE STATE OF A P ANOTHER, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, HYDERABAD. 2. GODE ARAVINDA KUMAR, S/O SRIHARI RAO, OCC: BUSINESS, R/O MAIN ROAD, BOBBILI, VIZIANAGARAM DIST. ...RESPONDENT(S): Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the CriminalRevisionCase, the High Court may be pleased toto call for the records and set-aside the judgment dated 05.07.2013 passed by the learned II Addl. Sessions Judge (FTC), Parvathipuram,Vizianagaram Dist., in Crl.A.No.117 of 2011 confirming the judgment dated 08.11.2011 passed by the learned Addl. Judl. First Class Magistrate, Bobbili, Vizianagaram Dist., in STC No.65 of 2009. IA NO: 1 OF 2013(CRLRCMP 2175 OF 2013 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 2 dispense with the filing of certified copy as well as neatly typed copy of the judgment dated 08.11.2011 in STC No.65 of 2009 passed by the learned Addl. Judl. First Class Magistrate, Bobbili, Vizianagaram Dist. IA NO: 2 OF 2013(CRLRCMP 2203 OF 2013 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 operation of the impugned judgment dated 05.07.2013 passed by the learned II Addl. Sessions Judge (FTC), Parvathipuram,Vizianagaram Dist., in Crl.A.No.117 of 2011 confirming the judgment dated 08.11.2011 passed by the learned Addl. Judl. First Class Magistrate, Bobbili, Vizianagaram Dist., in STC No.65 of 2009. Counsel for the Petitioner: 1. S SRIDHAR Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR (AP) 3 THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE NO: 1439/2013 The Court made the following: None appears on behalf of the Petitioner. Today, the matter is being listed under the caption “For Dismissal”. 2. It appears that against the finding of an order of conviction and sentence passed by the Additional Judicial I Class Magistrate, Bobbili, in STC.No.69 of 2009 dated 08.11.2011 which was affirmed by the appellate Court i.e., II Additional District & Sessions Judge(FTC), Parvathipuram, in Criminal Appeal No.117 of 2011 dated 05.07.2013 for the offence punishable under section 138 of the Negotiable Instruments Act, the instant Criminal Revision Case has been preferred. 3. I have perused the order passed by the learned Trial Court. 4. On careful observation of the findings, it appears that learned Trial Court convicted and sentenced the petitioner to undergo simple imprisonment for six (06) months for the offence punishable under section 138 of the Negotiable Instruments Act. In the judgment of conviction it also mentioned the evidentiary value of the witnesses in detail and the documents placed by the parties has also been scanned. 5. On careful perusal of the observation of the learned Trail Court, it appears that the Trial Court has specifically decided the grounds for convicting 4 the Petitioner and he has also decided on the point for determination. The same was affirmed by the appellate court also. Hence, 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 which was affirmed by the learned Appellate 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. As a sequel, miscellaneous applications pending, if any, shall stand closed. ___________________________ JUSTICE SUBHENDU SAMANTA Dated:06.02.2026 CMK/SSA