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High Court of Andhra Pradesh · body

2025 DAILYLAW 12370 (AP)

PADAVALA TIRUMALA RAO v. YADLA VASU DEVA RAO

CRLP/3070/2025 · 2025-03-24

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CRL.P. No.3070 OF 2025 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.3070 OF 2025 ORDER: 1. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the State. 2. The petitioner is aggrieved by the order, dated 05.02.2025, passed in Crl.M.P.No.22 of 2025 in Crl.A.No.43 of 2025, by the VI Additional District & Sessions Judge, Visakhapatnam, wherein, while suspending the sentence in C.C. No.294 of 2013, the petitioner was directed to deposit 20% of the cheque amount within 15 days from the date of the order. 3. The learned counsel for the petitioner submits that the petitioner subsequently filed Crl.M.P. No.36 of 2025, seeking extension of time. The learned Sessions Judge granted extension of time till 07.03.2025. The learned counsel further submits that, as per Section 148(2) of the Negotiable Instruments Act, 1881, it is mandatory to deposit the compensation within 60 days from the date of the order. However, the order passed by the learned Sessions Judge, directing payment within 15 days, is contrary to the provisions of Section 148(2) of the Negotiable Instruments Act. 4. Considering the submissions, this Court is inclined to modify the order passed by the learned VI Additional District and Sessions Judge, Visakhapatnam, by granting time for 60 days from the date of the order 2 CRL.P. No.3070 OF 2025 passed by this Court, enabling the petitioner to deposit the amount as directed by the learned Sessions Judge. 5. Accordingly, the criminal petition is disposed off. The petitioner shall deposit 20% of the cheque amount within a period of 60 days from today, after deducting the amount, if any, deposited by the petitioner. 6. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. ____________________ JUSTICE HARINATH.N Dt.24.03.2025 BV