IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No.1514 OF 2001 Between: Pitchika Mallikharjunarao ..... Appellant/Accused No.2 AND The Sate of Andhra Pradesh, Rep. by the Public Prosecutor, High Court of A.P., Hyderabad. ..... Respondent The Court made the following: JUDGMENT: The criminal appeal, by appellant/A2, under Section 374(2) of the Code of Criminal Procedure, 1973, is directed against the judgment, dated 10.09.2001, in C.C.No.20 of 1999, on the file of the learned Special Court for Trial of the Offences under the Andhra Pradesh Co-operative Societies Act, Vijayawada, whereunder and whereby, the appellant/A2 was convicted of the offences punishable under Sections 409 of IPC read with 79(f) of the Andhra Pradesh Co-operative Societies Act and 477A of IPC, and sentenced to undergo Rigorous Imprisonment for a period of one year and to pay a fine of Rs.500/- in default of payment of fine, Simple Imprisonment for a period of three months under each count. 2. There is no provision under the Andhra Pradesh Co- operative Societies Act, 1964, brought to the notice of this Court, as to the forum to which the criminal appeal lies from the judgment of the Special Court. Admittedly, the Special Court is presided over by a Judicial Magistrate of I Class. So, in the ordinary course, the criminal appeal shall lie to the concerned Court of Sessions under Section 374(3) of the Code of Criminal Procedure, 1973. Therefore, the criminal appeal is returned for presentation in the appropriate Court. 3. Accordingly, the criminal appeal is disposed of. However, the sentence of imprisonment passed against the appellant/A2 is suspended for a period of one month from today to enable him to take return of the criminal appeal and present the same in the appropriate Court. The Registry shall communicate the lower Court record to the concerned Court immediately. _______________ (K.C. BHANU, J) Date: 11th September, 2009 KL