APHC010304732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY,THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6237 OF 2025 Between: Buddaraju Suryanarayana Raju, S/o.Seetharama Raju, aged about 75 years R/o.49-54-7/17/8, Flat No.301, Geetha Mansion Balayya Sastry Layout, Seethammadhara, Visakhapatnam, Visakhapatnam District. ...Petitioner(Appellant/Accused) AND 1. Chikkam Devika Rani, D/o.Subba Rao, Aged about 47 years, R/o.11- 11-9/E4, Three Lights Junction, Ramanaraopeta, Kakinada, Kakinada District. ...Respondent No.1 (Respondent/Complaiant) 2. State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court Buildings, Amaravati. ...Respondent No.2 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the order passed in Crl.M.P.No.438/2025in C.A.No.186/2025, dated 17-6-2025 on the file of III Additional District & Sessions Judge, at Kakinada, East Godavari District to the extent of imposing condition on the petitioner to deposit 20% of the r compensation amount of Rs.83,00,000/- which comes to Rs. 16,60,000/- within a period of 10 days of receipt of order. lA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to suspend the order passed in Crl.M.P.No.438/2025 in C.A.No. 186/2025, dated 17-6-2025 on the file of III Additional District & Sessions Judge, at Kakinada, East Godavari District, to the extent of imposing condition on the petitioner to deposit 20% of the compensation amount of Rs.83,00,000/- which comes to Rs. 16,60,000/- within a period of 10 days of receipt of order, pending disposal of the above Criminal Petition. The Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri B.V.Rama Rao, Advocate for the Petitioner and of the Additional Public Prosecutor on behalf of the Respondent No.2. The Court made the following Order: APHC010304732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY ,THE TWENTY FOURTH DAY OF JUNE TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6237/2025 Between: Buddaraju Suryanarayana Raju ...PETITIONER/ACCUSED AND Chikkam Devika Rani and Others Counsel for the Petitioner/accused: ...RESPONDENT/COMPLAINANT(S) 1.BOLLA VENKATA RAMA RAO Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR 2. 2 W The Court made the following Order: Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State. 2. Learned counsel for the petitioner submits that the petitioner is aggrieved by the order in Crl.M.P.No.438 of 2025 in Crl.A.No.186 of 2025 on the file of III Additional District and Sessions Judge, Kakinada, East Godavari district. The petitioner was convicted for the alleged offence under Section 138 of N.l. Act by II Additional Judicial Magistrate of First Class, Kakinada in C.C.No.1136 of 2021. Aggrieved by the judgment of conviction, the petitioner filed Crl.A.No.186 of 2025 and also filed Crl.M.P.No.438 of 2025 seeking suspension of sentence. The learned Sessions Judge, while allowing the petition for suspension of the sentence of imprisonment, directed the petitioner to deposit 20% of the compensation amount within a period of ten days from the date of receipt of order. The order was passed on 17.06.2025. 3. Learned counsel for the petitioner submits that as per Section 148 of N.l. Act, the learned Sessions Judge ought to have granted sixty days time from the date of order for such deposit. It is submitted that there is no reason assigned by the learned Sessions Judge for imposing deposit of 20% of the compensation amount. 4. The power under Section 148 of N.l. Act is a discretionary power with the Sessions Court. In so far as ten days time granted by the learned Sessions Judge is contrary to Section 148 of N.l. Act. 3 5. Considering the same, this Court is inclined to modify the said order. The petitioner shall deposit the amount as directed by the Sessions Court within a period of sixty (60) days from the date of this order. Accordingly, the Criminal Petition is disposed of. 6. As a sequel, pending miscellaneous petitions, if any, shall stand 7. closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The III Additional District and Sessions Judge at Kakinada, East Godavari District. 2. The II Additional Judicial Magistrate of First Class, Kakinada, East Godavari District. 3. One CC to Sri. Bolla Venkata Rama Rao, Advocate [OPUC] 4. TwoCCsto Public Prosecutor, High Court of Andhra Pradesh[OUT] 5. Two CD Copies VNA HIGH COURT DATED:24/06/2025 ORDER CRLP No. 6237/2025 0 3 JUL 2025 I O i^JJlirrentSectioox^’^' DISPOSING OF THE CRIMINAL PETITION