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M/S. OM SURYA ELECTRONICS PVT.LTD., v. ZAHER-UL-HAQ AND ANOTHER,

Court: High Court for State of Telangana

Bench: CHALLA KODANDA RAM

Judgment date:

Case summary

High Court for State of Telangana judgment dated 2020-02-26. M/S. OM SURYA ELECTRONICS PVT.LTD., v. ZAHER-UL-HAQ AND ANOTHER,. Read the judgment and case...

Judgment text

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY ,THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SRI JUSTICE CHALLA KODANDA RAM CRIMINAL REVISION CASE Nos. 1712. 1713. 1714, 1715. 1716. 1717. 1718. 1719. 1720. 1721, 1723. 1726. 1789. 1790, 1825. 1826. 1827 . ',t828, 1829. 1830. 1831. 1832. 1833. 1835 and 1836 OF 2006 COMMON C. T lN CRL. R. C. No. 1712 1713 1714 1715 1716 1717 1718 1719 1720 1721 1723 1726 1789 1790 of 2006 : Between: lr//s Om Surya Electronics Pvt. Ltd. , Rep. by its Manager Arun Kumar, S/o Late Bhola Prasad, Office at 16, N4odel House, Punjagutta, Hyderabad ,.. PETITIONER/COMPLAINANT AND 1. lM/SA-Zlt4arketingRep. byitsProprietorZaherUlHaqS/oMd. lr/azhar-ul-Haq, Rlo 20-4-29, New Bus Stand, Charminar, Hyderabad-2 pubtic prosecutor, 2. High court of A. P. , at lyo"rubud. "RESPoNDENT/ACCusED ... RESPONDENT Crl. R. C. No. 1 71 2 ol 2006 : Criminal Revision Case filed Under Sections 397 & 401 of Cr. P.

C against the Judgment made in C. C. No. 1633 of 2003 dated 08. 08. 2006 on the file of the Court of the XIV Additional Chief tt/etropolitan Magistrate, Hyderabad. CRL. R. C. No. 1713 of 2006 Criminal Revision Case filed Under Secttons 397 & 401 of Cr. P. C against the Judgment made in C. C. No. 1642 of 2003 dated 08. 08. 2006 on the file of the Court of the XIV Additional Chief Metropolitan lvlagistrate, Hyderabad. CRL. R. C. No. 'l 714 ol 2006 : Criminal Revision Case filed Under Sections 397 & 401 of Cr. P. C against the Judgment made in C. C. No. '1638 of 2003 dated 08. 08. 2006 on the file of the Court of the XIV Additional Chief tvletropolitan Magistrate, Hyderabad. CRL. R. C. No. 1715 of 2006 : Criminal Revision Case filed Under Sections 397 & 401 of Cr. P. C against the Judgment made in c. c. No. 1639 of 2003 dated 08. 08. 2006 on the file of the court of the XIV Additional Chief Metropolitan Magistrate, Hyderabad. c RL. R. C. No.

17'16 of 2006 : (lr Criminal Revisiorr C:ase filed Under Sections 397 & 401 o'' P. C against the Judgment made in C. C. \c. 797 of 2003 dated 08. 08. 2006 on the file of the Court of the XIV Additional Chief lVetrocolitan l\,4agistrate, Hyderabad. CRL. R. C. No. 1717 of 200e i Criminal Revision Oase filed Under Sections 397 & 401 of Cr. P. C against the Judgment made in C. C No. 79B of 2003 dated 08. 08. 2006 on the file o'the Court of the XIV Additional Chief lVetrcpolitan Magistrate, Hyderabad. CRL. R. C. No. 1718 of 200(i : Criminal Revision rlase filed Under Sections 397 & 401 c,f C-. P. C against the Judgment made in C. C No. 1637 of 2003 dated 08. 08. 2006 on the likr of the Court of the XIV Additional Chief l\,4ertropolita n l\,4agistrate, Hyderabad. CRL. R. C. No. 1719 of 200ri : Criminal Revision Case filed Under Sections 397 & 401 of Cr. P. C against the Judgment made in C. C. N,r. 1635 of 2003 dated 08. 08.

2006 on the filr-' of the Court of the XIV Additional Chief Metrr:politan [VIagistrate, Hyderabad. CRL. R. C. No. 1720 of 200Q : Criminal Revision Case filed Under Sections 397 & 401 lf C;r. P. C against the Judgment made in C. C. No. '1636 of 2003 dated 08. 08. 2006 on the file of the Court of the XIV Additional Chief l\'letrcpolitan fvlagistrate, Hyderabad. CRL. R. C. No. 1 721 ol 20C6 : Criminal Revision Case filed Under Sections 397 & 401 of Or. P. C against the Judgment made in C. C. No. 1646 of 2003 dated 08. 08. 2006 on the fi'e of the Court of the XIV Additional Chief l\4etropolitan l\/agistrate, Hyderabad. CRL. R. C. No. 1723 of 20(t6 : Criminal Revision Case filed Under Sections 397 & 401 o,, Cr. p. C against the Judgment made in c c. Nlo. 1647 of 2003 dated 08. 08. 2006 on the file of the court of the XIV Additional Chief ltret,opolitan Magistrate, Hyderabad. CRL. R. C. No. 1 7 26 of i20tt6: criminal Revisicn case filed Under sections 397 & 401 or (lr. p.

c against the Judgment made in c. c. flo. '1632 of 2003 dated 08. 08. 2006 on the f le of the courl of the XIV Additional Chief tvlet'opolitan Magistrate, Hyderabad. CRL. R. C. No. 17 89 of :;:0()6 : criminal Revision case filed Under Sections (lr. p. c 3gz & 401 of against the Judgment made in c c flo. 1648 of 2003 dated 08. 08. 2006 on th€ f le of the court of the XIV Additional Chief lvlet. opolitan l\,4agistrate, Hyderabad. . ,) CRL. R. C. No. 1790 of 2006 : Criminal Revision Case filed Under Sections 397 & 401 of Cr. p. C against the Judgment made in c. c. No. 1634 of 2003 dated 08. 08. 2006 on the file of the court of the XIV Additional Chief Metropolitan Magistrate, Hyderabad. COMMON C. T. lN CRL. R. C. No. 1825 1826 1827 1828 1829 1830 1831 1832 1833 1835 and 1836 of 2006 Betwee n: Ir,4/s Om Surya Electronics Pvt. Ltd,, Rep. by its Manager Arun Kumar, S/o Late Bhola Prasad, Office at 16, Ivlodel House, Punjagutta, Hyderabad ... PET|T|ONER/COMPLATNANT AND 1. Zahq Ul HaqS/olr/d.

I\/azhar-ul-Haq,Occ: Prop. tr,4/sA-ZMarketingPJo20-4- 29, New Bus Stand, Charminar, Hyderabad-2 .. ,RESPONDENT/ACCUSED 2. State of A. P. , Rep. by its Public Prosecutor, High Court of A. P. , at Hyderabad. ... RESPONDENT CRL. R. C. No. 1 825 ot 2006 : Criminal Revrsion Case filed Under Sections 397 & 401 of Cr. P. C against the Judgment made in C. C. No. 750 of 2003 dated 08. 08. 2006 on the file of the Court of the XIV Additional Chief Metropolitan lvlagistrate, Hyderabad. CRL. R. C. No. 1826 of 2006 : Criminal Revision Case filed Under Sections 397 & 401 of Cr. P. C against the Judgment made in C. C. No. 746 of 2003 dated 08. 08. 2006 on the file of the Court of the XIV Additional Chief lr,4etropolitan N,4agistrate, Hyderabad. CRL. R. C. No. 1827 of 2006 : Criminal Revision Case filed Under Sections 397 & 401 of Cr. P. C against the Judgment made in C. C. No. 747 of 2003 dated 08. 08. 2006 on the file of the Court of the XIV Additional Chief l\4etropolitan Magistrate, Hyderabad.

CRL. R. C. No. 1828 of 2006 : Criminal Revision Case filed Under Sections 397 & 401 of Cr. P. C against the Judgment made in C. C. No. 371 of 2003 dated 08. 08. 2006 on the file of the Court of the XIV Additional Chief tr/etropolitan [\,4agistrate, Hyderabad. CRL. R. C. No. 1829 of 2006 : Criminal Revision Case filed Under Sections 397 & 401 of Cr. P. C against the Judgment made in c. c. No. 74B of 2003 dated 08. 08. 2006 on the file of the cou( of the XIV Additional Chief Metropolitan l\,4agistrate, Hyderabad. CRL. R. C. No. 1830 of 2006 : Criminal Revision Case filed Under Sections 397 & 401 of Cr. P. C against the Judgment made in c. c. No. 365 of 2003 dated 08. 08. 2006 on the file of the court of the XIV Additional Chief [\,4etropolitan Magistrate, Hyderabad. RL. R. C. No. 1831 i20t)6 : Criminal Revision Case filed Under Sections 397 & 401 of Or. P. C against the Judgment made in C. C. t\1o. 749 of 2003 dated 08. 08.

2006 on the fil: :f the Court of the XIV Additional Chief lVetropolitan [,4agistrate, Hyderabad. CRL. R. C. No. 1832 of 2006 : Criminal Revision Case filed Under Sections 397 & 401 of tlr. P. C against the Judgment made in C. C. lio. 368 of 2003 dated 08. 08. 2006 on the fire of the Court of the XIV Additional Chief Nletropolitan Magistrate, Hyderabad. CRL. R. C. No. 1833 of 2006 : Criminal Revisior Case filed Under Sections 397 & 401 c,f Cr. P. C against the Judgment made in C). C. \o. 364 of 2003 dated 08. 08. 2006 on the, f le of the Coun of the XIV Additional Chief lt,4e. ropolitan Magistrate, Hyderabad. CRL. R. C. No. 1835 of 2C06 : Criminal Revisio'r Case filed Under Sections 397 & 40' of Cr. P. C against the I r'iler Judgment made in C. C No. 369 of 2003 dated 08. 08. 2006 on thr: of the Court of the XIV Additional Chief lt/etropolitan Magistrate, Hyderabad. CRL. R. C. No. 1836 of 2006 : Criminal Revision Case filed Under Sections 397 & 401 of Cr. P.

C against the Judgment made in C). C. No. 370 of 2003 dated 08. 08. 2006 on the filr: of the Court of the XIV Additional Chief Mrdropolitan Magistrate, Hyderabad. Counsel for the Pet. itilner in all the Crl. R. Cs : SRl. J. PRABHI,KAR Counsel for the Re,spcndent No. 2 in all the Crl. R. Cs : PUBLIC: PROSECUTOR The Court made the fcllowing: COMMON ORDER THE HON'BLE SRIJUSTICE CHALLA KODANDA RAM RIMIN AL REVI SION CAS E Nos. 712 1713 17 4 71 171I 1719 1716 171 172 1721 1723 1726 1789 1790 1825 18 6 827 1828. 1 829 1830, 18 31 , 1832, 18 33 183 5an d't836 of 2006 COMMON ORDER: Since the parties and the issue involved in these Criminal Revision Cases are one and the same, they are being disposed of by this common order. With respect to the dishonour of the cheques issued by respondent No. 'l-accused, the petitioner/complainant filed complaints against the accused for the offence punishable under Section 138 of the Negotiable lnstruments ,the Act (for short Act').

Thereupon, the learned XIV Additional Chief Metropolitan Magistrate, Hyderabad, having found that the cheques were issued in discharge of legally enforceable liability and the same remained unpaid, passed separate orders convicting and sentencing the accused to pay a fine of Rs. 5,000/-, in default to undergo simple imprisonment for a period of 30 days. Alleging that the fine amount is meager, the petitioner had challenged the said orders by way of filing these Criminal Revision Cases. Learned counsel for the petitioner submits that notwithstanding the provisions of Section 138 of the Act provide for imposition of fine amount twice the cheque amount and despite the number of cases filed against the accused with respect to the same offence, the Court below without any justifiable reason, took a lenient view and imposed fine of Rs.

5,000/-, which is grossly tl-re Honourable Fe placed reliance on the judgment of inadequate and and lnstruments Private Limited Supreme Co -rrt in Meters tl^a' in the said Mehtal, and asserted another Vs. Kanchan Court held :hat the offence judgment, th,: Honourable Supreme primarily a civil wrong 138 of the Act is punishable under Section as with interest and costs' and that where the cheque amount specified dat3' the Court may assessed by the Court, is paid by a 143 of its powers urrcle'Section close the proceedings in exercise of the Act rerad with Section 258 Cr. P. C. Sarkar vs Utpal Basu It nra'l be noted that in Somnath ' tlourt held that Mallick and anothef, the Honourable Supreme anlount shall be from out of lhe amount of fine, the compensatiorr paid to the c omplainant. A perusal of the orders under revision cleilrly discloses that though che que amounts are vary, ranging forr Rs. 7,980/- to Rs. 39,92'll, fine imposed is only Rs.

5,000/-, vrhich is grossly inadequate Further, the provisions of the Act il. st. 'lf provide for imposition of fine amount twice the cheque amount. . 101(2) So fer as issuance of notice under Sectiorr Cr. P. C. in 'espondent No. 1 respect of is concerned, it may br-. noted that in spite of receiving notices, respondent No. 1 hrlcl not chosen to appear in grerson or through the learned couns;el. ln view of the same, inasmuch as these Revisions are filed fc,r enhancement of punishment imposed upon respondent No. 1 and notice was already sent to respondent No. 1, the same shal be treated as the (2018)1 Supreme ' Court cases 560 t6 scrc 46s '? lzoter cffi, 3 l Cn. R. C. r! os. 1712 ot 2006 and b. rch one issued under Section aTe) Cr. p. C. , as such, there is no separate notice required to be issued to respondent No. 1. ln those circumstances, this Court finds it appropriate to enhance the fine amount double the cheque amount in each case.

Accordingly, in each case, the accused shall pay the fine amount double the cheque amount to the complainant after deducting a sum of Rs. 5,000/-, in default, to undergo simple imprisonment for a period of thirty (30) days. The Criminal Revision Cases are accordingly allowed. Pending miscellaneous petitions, if any, shall stand disposed of. There shall be no order as to costs. RAO Sd/. K. SREE DEPUTY //TRUE GOPY// SECTI N OFFICER To Mlgistrate' Hyderabad t The XIV Additional Chief Metropolitan tL? iY"",. \n"''u'"orreranganaHvderabad a. l*i:ti". +,1;ilt::::l,,tl"'::'fl (ouT) 4 Two CD CoPies ks 2dv HIGH COURT CKR,J DATED:2610212t'020 SI4I / 1 $e t' F ac z 29$EP 2m o I ( ,+ * r-O \ \ . gPATCS COMMON ORDER CRIMINAL RE:\/ISION CASE Nos. 1712, 1713. 1714. 1715. 1716, 1',7'7. 1718. 1719, 1720, 1721, 1'723, 1726, 1 789, 1 790, 181,!. 5, 1826, 1827 , 1828, 1829, 1830, 1831, 1832, 1833, 181i5 and 1836 OF 2006 Allowing the Orl. R. Cs I "kN

Source: High Court for State of Telangana. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.