Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI THURSDAY THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5992 OF 2025 Between: M. Mohan, S/o Krishnaiah, Aged about 55 years, R/o. 17-3-217/B, Poola Veedhi, Tirupati Town and Tirupati District. ...PETITIONER/ACCUSED AND The State of Andhra Pradesh, rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...RESPONDENT/COMPLAINANT Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to modify the order dt. 27.05.2025passed in CrI.M.P.No. 181/2025 in CrI.A.No. 63/2025 on the file of VII Addl. District and Sessions Judge, Gudur, SPSR Nellore District by reducing the deposit of fine amount before the trial court pending Criminal Appeal
This Petition coming on for hearing upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri D Purnachandra Reddy Advocate for the Petitioner and the Public Prosecutor (AP) on behalf of the Respondent The Court made the following Order:
1 HN, J Crl.P.No.5992 2025 APHbOl 0287232025 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: 5992/2025 Between: M. Mohan, ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused:
1.D PURNACHANDRA REDDY Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR
2 HN, J Crl.P.No.5992_2025 The Court made the following Order: The petitioner is challenging the order passed in Crl.M.P.No.181 of 2025 in Crl.A.No.63 of 2025 whereby the learned VIII Additional District and Sessions Judge, Gudur while suspending the sentence imposed on the petitioner for the offence under Section 138 of the N.I.Act has imposed a condition of 50% of the fine amount before the trial Court.
Learned counsel appearing for the petitioner submits that the imposition of such condition of deposit of 50% of the compensation amount is under challenge. It is also submitted that Section 148 of the N.I.Act would entitle the Appellate Court to impose a minimum of 20% of compensation. It is also submitted that when the compensation was imposed beyond the limit prescribed, adequate reasons ought to have been stated in the order suspending the sentence.
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3. Considering the submissions and after hearing the learned Assistant Public Prosecutor, the order stands modified and the petitioner shall deposit 20% instead of 50% of the compensation amount, within a period of sixty (60) days, from the receipt of copy of this order. Accordingly, the Criminal Petition is disposed off. As a sequel, pending miscellaneous petitions, if any, shall stand closed.
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Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The VII Addl. District and Sessions Judge, Gudur, SPSR Nellore District
2. The Judicial Magistrate of I Class, Kota, SPSR Nellore District.
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3. 'One CC to Sri. D Purnachandra Reddy Advocate [OPUC]
4. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh [OUT]
5. Three CD Copies vna
HIGH COURT DATED .-19/06/2025 \
ORDER CRLP.No.5992 of 2025 2 7 JUN o ||3:
DISPOSING OF THE CRLP