THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.3209 of 2011 Date: 18.04.2011 Between: Perala Sambamurthy …..Petitioner And M.Sambaiah & another. …..Respondents THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.3209 of 2011 ORDER: Heard learned Counsel for the petitioner and also the learned Additional Public Prosecutor. Having regard to the nature of the plea taken by the petitioner, it is considered that notice to the 1st respondent is not necessary. 2. It is seen that the petitioner was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 by the Judicial Magistrate of First Class, Godavarikhani and he sentenced the petitioner to undergo simple imprisonment for six months and also to pay a sum of Rs.50,000/- towards compensation to the complainant under Section 357(3) of Cr.P.C. Against that order of the learned Magistrate, the petitioner preferred an appeal before the III Additional Sessions Judge at Karimnagar and the Sessions Judge, by his order dated 25.3.2011, suspended the order of the learned Magistrate subject to the condition of petitioner depositing a sum of Rs.10,000/- towards part of compensation in the learned Magistrate’s Court on or before 28.3.2011 with a default clause order. 3. It is seen that the petitioner did not deposit that amount before the learned Magistrate’s Court and consequently the latter by his order dated 28.3.2011 issued a warrant for the arrest of the petitioner as there was no representation for the petitioner on the said date before the learned Magistrate. The petitioner now says that he will deposit the amount of Rs.10,000/- within a week from today. 5. Accordingly, the order of the learned Magistrate is set aside and the petitioner is directed to deposit the amount of Rs.10,000/- as ordered by the learned Sessions Judge within a week from today before the learned Magistrate, failing which the learned Magistrate can act in accordance with law in the matter. The other conditions imposed by the learned Sessions Judge shall remain as they are without any modification. 6. Accordingly, the Criminal Petition is disposed of. _________________________ JUSTICE N.RAVI SHANKAR 18th April, 2011 Note: C.C. by tomorrow. Tjmr THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.3209 of 2011 DATE: 18.04.2011