r;I® IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NOS: 5452 AND 5454 OF 202^ CRIMINAL PETITION NO: 5452 OF 2025: APHC010257652025 Between: Golla Narayana Rao, S/o.Radha Krishna Murthy, aged about 66 R/o.FOF Towers Vijayawada, Krishna District. years Dasari Lingayya Street, Mogal Rajapuram, ...Petitioner/Appellant/Accused AND 1. The State of Andhra Pradesh, Rep by Public Prosecutor, High Andhra Pradesh, Amaravati. Court of ... Respondent/Respondent 2. Durga Subbaramayya, S/o.Late China Venkata Swamy, aged years, R/o.D.No.19-1-155, Main Road, Peddapuram District. (Died) 3. Durga Nagamani, W/o.Late Subbaramayya R/o.D.No.19-1-155, Main Road, Peddapuram, East Godavari District. about 71 East Godavari aged about 70 years. 4. Perumalla Naga Venkata Lakshmi Radha Manikyamba, W/o.Satyanarayana Murthy, aged about 52 years, R/o.D.No.1-192, Saripalle, Ganapavaram Mandal, West Godavari District. ■ ' I 5. Durga Venkata Ramanamma @ Rama, W/o.Late Durga Naga Satya Srinivias, aged about 45 years, R/o.D.No. 19-1-155, Main Road, Peddapuram, East Godavari District. 6. Durga Mani Chandana, D/o.Late Durga Naga Satya Srinivas, aged about 23 years, R/o.D.No.19-1-155, Main road, Peddapuram, East Godavari District. ...Respondents/Respondents/Complainant Petition filed under Section 528 of BNSS, 2023 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 pertaining to Crl.M.P.No.134 of 2025 in C.A.No.94 of 2025 on the file of the VII Additional District Judge (FTC), Peddapuram, East Godavari District., and quash the same to the extent of imposing condition of depositing of 25% of the compensation amount v\/ithin two months from date of impugned Order i.e., 03.04.2025. lA NO: 1 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 stay the operation of the Order to the extent of imposing condition of depositing of 25% of the compensation amount within two months from date of impugned Order i.e., 03.04.2025 in Crl.M.P.No.134 of 2025 in C.A.No.94 of 2025 on the file of the VII Additional District Judge (FTC), Peddapuram, East Godavari District. Counsel for the Petitioner: Sri S.Dilip Jaya Ram Counsel for the Respondent No.1: Assistant Public Prosecutor Counsel for the Respondent Nos.2 to 6:-- CRIMINAL PETITION NO: 5454 OF 2025: APHC010257752025 Between: Golla Narayana Rao, S/o.Radha Krishna Murthy, aged about 66 R/o.FOF Towers, Vijayawada, Krishna District. years. Dasari Lingayya Street, Mogal Rajapuram ...Petitioner/Appellant/Accused AND 1. The State of Andhra Pradesh, Rep by Public Prosecutor, High Court of Andhra Pradesh, Amaravati. ... Respondent/Respondent aged about 44 years, R/o.D.No. 19-1-155, Main Road, Peddapuram Village, Peddapuram Mandal, East Godavari District. 2. Durga Rama, W/o.Naga Satya Srinivas, ...Respondent/Respondent/Complainant Petition filed under Section 528 of BNSS, 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition High Court may be pleased to call for , the the records pertaining to Crl.M.P.No.132 of 2025 in C.A.No.94 of 2025 on the file of the VII Additional District Judge (FTC), Peddapuram, East Godavari District., and quash the the extent of imposing condition of depositing of 25% of the compensation amount within two months from date of impugned Order i.e., 03.04.2025. same to *4 lA NO: 1 OF 2n?.«; 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 stay the operation of the Order imposing condition of depositing of 25% of the compensation two months from date of impugned Order i.e., 03.04.2025 in Crl.M.P.No.132 of 2025 in C.A.No.94 of 2025 to the extent of amount within on the file of the VII Additional District Judge (FTC), Peddapuram, East Godavari District. Counsel for the Petitioner: Sri S.Dilip Jaya Ram Counsel for the Respondent No.1: Assistant Public Counsel for the Respondent No.2:- The Court made the following: Prosecutor 1 HN, J CrI.P.Nos.5452 and 5454 2025 APHC010257652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5452/2025 Between: ...PETITIONER/ACCUSED Golla Narayana Rao AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused: 1.S DILIP JAYA RAM Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR 2 HN, J CrI.P.Nos.5452 and 5454 2025 APHC010257752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) • I [3457] THURSDAY,THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5454/2025 Between: Golla Narayana Rao ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1.S DILIP JAYA RAM Counsel for the Respondent/complalnant(S): 1. PUBLIC PROSECUTOR 3 HN, J Crl.P.-Nos.5452 and 5454_2025 The Court made the following Order: The learned counsel for the petitioners submitted that the petitioners are aggrieved by the order passed in Crl.M.P.No.134 of 2025 and CrI.M.P.No.132 of 2025 in C.A.No.94 of 2025, on the file of the VII Additional District Judge (FTC), 1. Peddapuram, East Godavari District. It is submitted by the learned counsel for the petitioners that the petitioners have been convicted in C.C.No.410 of 2017 and C.C,No.408 of 2017 for the alleged offence under Section 138 of the Nl Act. 2. It is further submitted that the petitioners filed CrI.M.P.No. 134 of 2025 and Crl.M.P.No.132 of 2025 seeking suspension of the sentence imposed. The learned VII Additional District Judge (FTC), while suspending the sentence, imposed a condition for deposit of 25% of the compensation amount within a period of three months from the date of the receipt of the order. 3. The learned counsel for the petitioners submits that the order is bereft of any reasons and places reliance on the judgments of the Hon’ble Supreme Court in Muskan Enterprises and another vs. State of Punjab and Haryana at Chandigarh and M.S.Devgan Rice and General Mills vs. M/s. Jasbir Bhullar Trading Company and another. It is submitted that when an order is devoid of for imposing the onerous condition of deposit of 25%, the matter ought to be remanded back to the learned Sessions Judge for reconsideration. 4. reasons 4 HN, J ^ Crl.P.Nos.5452 and 5454_2025 Heard the learned counsel for the petitioners and perused the record. Section 148 of the Nl Act prescribes the imposition of a minimum of 20% of the compensation amount while suspending the sentence. Any amount beyond 20% must be supported by a reasoned and well-considered order. 5. 6. Considering the same, the impugned order stands modified, petitioner shall deposit 20% of the compensation amount within a period of sixty (60) days from today. The 7. Accordingly, these criminal petitions are disposed off. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The VII Additional District Judge (Fast Track Court), Peddapuram, East Godavari District. 2. The Additional Judicial Magistrate of First Class-cum-Additional Civil Judge (Junior Division), Peddapuram, East Godavari District. 3. One CC to Sri S.Dilip Jaya Ram, Advocate [OPUC] 4. Two CC’s to the Public Prosecutor, High Court of AP at Amaravati. [OPUC] 5. Two CD Copies BSV sree HIGH COURT DATED:19/06/2025 COMMON ORDER CRLP NOS. 5452 AND 5454 OF 2025 a I I AUG 2025 I DISPOSING OF THE CRIMINAL PETITIONS