KAGITHA SATHI BABU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition is directed against order of the 6th respondent postponing one increment without cumulative effect, confirmed by the 5th respondent.

(2.) The question involved in this writ petition is with reference to effect of conviction of an individual under Section 138 of Negotiable Instruments Act (N.I. Act) and consequent punishment imposed on him. Further consideration required is 'whether acquittal later in the criminal appeal preferred against such conviction and sentence attracts any disciplinary action, holding that employee so found guilty for an offence under Section 138 of N.I. Act, suffers from moral turpitude?

(3.) The facts in nutshell in this case are that the petitioner unfortunately faced a criminal action in C.C.No.200493 of 2017, on the file of the Court of Special Judicial Magistrate of First Class for Prohibition and Excise Cases, Machilipatnam, and by the judgment dated 10.06.2019, the petitioner was convicted and sentenced to undergo Simple Imprisonment for six (6) months and to pay a fine of Rs.3,50,000/-. Aggrieved thereby, the petitioner preferred Criminal Appeal No.90 of 2019 on the file of the Court of learned VI Additional District and Sessions Judge, Krishna, at Machilipatnam. When the proceedings in Criminal Appeal were pending, the learned Additional Sessions Judge has recorded compromise terms and set aside the conviction by acquitting the petitioner/accused for the offence punishable under Section 138 of N.I. Act. The conviction and sentence imposed upon the petitioner were set aside. Thus, whatever stigma if at all so called, suffered by the petitioner got effaced on account of this circumstance.