APHC010023412009 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3560] THURSDAY, THE 30th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE NO: 1407/2009 Between: 1. KANDUKURI PHANI KUMAR, S/O.SUBBARAO PRIVATE EMPLOYEE R/O. D.NO. 25-12-49, 7/1, SRINIVASARAOPET, RAILPET, GUNTUR TOWN, GUNTUR DISTRICT. ...PETITIONER AND 1. KANDUKURI SRINIVAS RAO ANOTHER, S/O. KANAKADURGAIAH EMPLOYEE R/O.D.NO. 9-6-82, RAILPET, GUNTUR TOWN, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH REP BY ITS PUBLIC PROSECUTOR, HIGH COURT OF A.P., HYDERABAD. ...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 file this criminal revision petition against the judgment and sentence passed by the learned IX Addl. Sessions Judge (FTC), Guntur dt. 18.08.2009 in Crl.A.No.82 of 2009, by confirming the judgment and sentence passed by the learned IV Addl. Junior Civil Judge, Guntur dt. 16.02.2009 in CCNo.143/2007 IA NO: 1 OF 2009(CRLRCMP 1929 OF 2009 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 dispense with the filling of the certified copy of the -2- CRL.R.C. No.1407 of 2009 judgment of IV Addl. Junior Civil Judge, Guntur dt. 16.02.2009 in CCNo.143/2007 IA NO: 2 OF 2009(CRLRCMP 1938 OF 2009 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 imprisonment passed by the learned IX Addl. Sessions Judge (FTC), Guntur dt. 18.08.2009 in Crl.A.No.82 of 2009, by confirming the judgment and sentence passed by the learned IV Addl. Junior Civil Judge, Guntur dt. 16.02.2009 in CCNo.143/2007, and release the petitioner on bail pending disposal of the criminal revision case before this Hon'ble Court. Counsel for the Petitioner: 1. CHALLA SRINIVASA REDDY Counsel for the Respondent(S): 1. D V CHALAPATHI RAO 2. PUBLIC PROSECUTOR The Court made the following order: 1. In spite 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 18.08.2009, passed by the IX Additional Sessions Judge, Guntur, in Crl.A.No.82 of 2009, whereby learned Sessions Judge confirmed the judgment dt.16.02.2009 passed by the IV Additional Junior Civil Judge, Guntur, in C.C. No.143 of 2007 for the offence under Section 138 of the Negotiable Instruments Act and convicted and sentenced to undergo rigorous imprisonment -3- CRL.R.C. No.1407 of 2009 for six months and to pay fine of Rs.10,000/- and in default to undergo simple imprisonment for two months. 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 confirmed the conviction and sentence and sentenced to undergo rigorous imprisonment for six months and to pay fine of Rs.10,000/- 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 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 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 learned trial court and confirmed by 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 -4- CRL.R.C. No.1407 of 2009 criminal revision case is hereby revoked. Since the petitioner is not present before this Court, let a copy of this order be served upon learned trial court for ready reference. 8. Miscellaneous applications, if any, pending shall stand closed. ____________________________ JUSTICE SUBHENDU SAMANTA Date:30.07.2026 BV