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2025 DAILYLAW 18112 (AP)

MADASU VENKATESWARA RAO v. THE STATE OF ANDHRA PRADESH

CRLP/5327/2025 · 2025-05-08

Harinath N

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5327 OF 2025 Between: Madasu Venkateswara Rao, S/o.Raghava Rao, aged 44 years, R/o.Empire Towers, 4‘^ Floor-301, Near Vijaya Theater, Akividu, Akividu Mandal, West Godavari District. ...Petitioner/Appellant/Accused AND 1. The State of Andhra Pradesh, rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...Respondent 2. Bonda Naga Venkata Siva Nageswara Rao, S/o.Bonda Raju, aged 37 years, R/o.D.No.23-1-20, Sarraju Street, Bhimavaram Town, West Godavari District. ...Respondent/Respondent/Complainant Petition filed under Section 528 of BNSS (Section 482 of Cr.P.C) praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records connected to the Order dated 24.02.2025 passed in Crl.M.P.No.31 of 2025 in Criminal Appeal No.20 of 2025 of the learned III Additional Sessions Judge, West Godavari, Bhimavaram examining the same and set aside. I.A. NO: 2 OF 2025 Petition filed under Section 482 of Cr.P.C (Section 528 of BNSS) praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to grant stay of operation of Order dated 24.02.2025 passed in Crl.M.P.No.31 of 2025 in Criminal Appeal No.20 of 2025 of the learned III Additional Sessions Judge, West Godavari, Bhimavaram pending disposal of main Criminal petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Battula Sanjaiah Gandhi, Advocate for Petitioner and the Assistant Public Prosecutor on behalf of Respondent No.1 The Court made the following Order: 1 HN, J Crl.P.No.5327 2025 APHC010250812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY ,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5327/2025 Between: Madasu Venkateswara Rao ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1.BATTULA SANJAIAH GANDHI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR HN, J Crl.P.No.5327 2025 The Court made the following Order: 1. The learned counsel for the petitioner submits that the petitioner is aggrieved by the order passed in Crl.M.P.No.31 of 2025 in Criminal Appeal No.20 of 2025. The petitioner was convicted for the offence under Section 138 of the Negotiable Instruments Act in C.C.No.132 of 2021 by the II Additional Judicial Magistrate of I Class, Bhimavaram. The petitioner filed Crl.M.P.No.31 of 2025 seeking suspension of sentence. 2. The learned Sessions Judge, while allowing the petition, also directed the petitioner to deposit 20% of the compensation amount within two months from the date of the order. 3. The learned counsel for the petitioner submits that the petitioner is enable to comply with the said direction on account of his financial incapacity. It is further submitted that the petitioner is seeking an extension of time for compliance with the order. 4. Considering the request of the petitioner, the time granted by the III Additional District and Sessions Judge, West Godavari, Bhimavaram in Crl.M.P.No.31 of 2025 shall stand extended till 30.06.2025. 5. Accordingly, the Criminal Petition is disposed off. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The III Additional Sessions Judge, Bhimavaram, West Godavari District. (By Speed Post) 2. The II Additional Civil Judge (Junior Division)-cum-Judicial Magistrate of First Class, Bhimavaram, West Godavari District. (By Speed Post) 3. One CC to Sri Battula Sanjaiah Gandhi, Advocate [OPUC] 4. Two CC's to the Public Prosecutor, High Court of Andhra Pradesh Amaravati [OUT] 5. Three CD Copies at BSV vna i HIGH COURT DATED:09/05/2025 ORDER ANDf/^ X 25JUN 2025 ^ ^ Cutrenl Secnon %iOesPATCW^^ CRLP.No.5327 of 2025 DISPOSING OF THE CRIMINAL PETITION