K '•'r\ APHC010314622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITIHm mo- 6452 OF 9n9i; II" Between: Seru Chinna, S/o.Saiyam, 62-2, 1®‘ Floor, Pyda Vari Street District, A.P. , aged about 46 years, Occ.Business H/0.2- Santhi Nagar, Kakinada, Kakinada ...Petitloner/Appellant/Accused AND 1. The state of Andhra Pradesh, Rep. by its Public Prosecutor, High Court Of Andhra Pradesh, at Amaravathi, 2. Manyala Veera Venkata Ramana, Business, D.No.14-5-13, Gabu Kakinada, Kakinada District A.P. Guntur District. S/o.Adi Narayana, aged 46 Vari Street, Rama Krishna Rao Peta, years ...Respondents/Respondent/Complainant Petition filed under Section 482 that in the circumstances stated i Petition, the High Court of Cr.P.C/Section 528 of BNSS praying - in the Memorandum of Grounds of Criminal may be pleased to allow the Criminal setting aside the Order passed in Crl.MP.No.556 of 2025 i ' No. 172 of 2025, dated 04.06.2025 Petition by in Criminal Appeal passed by the IVth Additional District and > % Sessions Judge, Kakinada I/C Vlth Additional District and Sessions Judge Kakinada. Counsel for the Petitioner: Sri Hari Krishna Tata Counsel for the Respondent No.1:Assistant Public Prosecutor Counsel for the Respondent No.2:-- The Court made the following: APHC010314622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY.THE THIRTIETH DAY OF JUNE TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6452/2025 Between: 1.SERU CHINNA, S/0. SATYAM, AGED ABOUT 46 YRS, OCC- BUSINESS, H/0. 2-62-2 1ST FLOOR,PYDA VARI ST SANTHI NAGAR KAKINADA, KAKINADA DISTRICT-A.P. ...PE-T-l-f- lONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AT AMARAVATHI, GUNTUR DISTRICT 2. MANYALA VEERA VENKATA RAMANA, S/O ADI NARAYANA AGE 46 YEARS. BUSINESS DNO 14-5-13, GABU VARI ST,RAMA KRISHNA RAO PETA KAKINADA, KAKINADA DISTRICT-A.P. ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to allow the Criminal PETITION by setting aside the ORDER passed in CrI .MP 556 of 2025 In Criminal Appeal No. 172 of 2025 dated 4.6.2025 passed by the IVth Additional District and Sessions Judge kakinada l/c VI th Additional District and Sessions Judge kakinada, and pass Counsel for the Petitioner/accused: 1.HARI KRISHNA TATA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 7 ,/' /• ■j 2 The Court made the following Order: Learned counsel for the petitioner submits that the petitioner is aggrieved by the order passed in Crl.M.P.No.556 of 2025 in Crl.A.No.172 of 2025. The petitioner was convicted for offence under Section 138 of N.l. Act and the petitioner filed an appeal challenging the judgment of the conviction. The petitioner also filed Crl.M.P.No.556 of 2025 seeking suspension of the sentence. The learned VI Additional Sessions Judge, Kakinada, vide order dated 04.06.2025 suspended the sentence and also directed the petitioner to deposit 1/5*^ of the compensation amount on or before 31.07.2025. 2. Learned counsel for the petitioner submits that the order passed by the learned Sessions Judge is bereft of any reasons and that the same is contrary to the observations of the Hon’ble Supreme Court in the matter of Muskan Enterprises and another vs. State of Punjab and another^. 3. Para 29 of the said judgment is categorically clear, and the facts on hand cannot be considered for interference of this Court. As seen from the petition filed, no such effort is made by the petitioner to persuade the Sessions Court not to ordering deposit. The same was observed by the Hon’ble Supreme Court at Para 29 of the above said judgment. However, considering the submission that provision of N.l. Act would grant 60 days time for deposit of the compensation amount as directed by the learned Sessions Court and that the order of VI Additional Sessions Judge, Kakinada, directing the petitioner to deposit 1/5*^ of the compensation 4. amount on or before 31.07.2025 is contrary to Section 148 of N.l. Act. 2024 see Online Se 4107 7 3 the impugned order stands modified and Considering the same is directed to deposit the amount, as directed by the learned 5. the petitioner is Sessions Court, on or before 30.08.2025. 6. Accordingly, the Criminal Petition is disposed of. miscellaneous applications pending, if any, shall 7. As a sequel stand closed. Sd/- SHAIK MOHD. RAFl assistant registrar ' SECTION OFFICER //TRUE COPY// To Sessions Judge, Kakinada, East Godavari 1. The VI Additional District and District. 2. The III Additional Judicial Magistrate Godavari District. 3. One CC to Sri Hari Krishna Tata, Advocate [OPUC] 4. Two CCS to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] of First Class, Kakinada, East v- 5. Two CD Copies BSV Note: In Para No.5 at Page No.3 of the order dated.30.08.2025 In CRLP No.6452 of 2025, the date is amended as “30 “ Order, dated. 24.07.2025 made in I.A. No.t of 2025 m C No.6452 of 2025. Sd/- SHAIK MOHD. RAFl ASSISTANT REGISTRAR HIGH COURT DATED:30/06/2025 24/07/2025 • ’ AMENDED ORDER CRLP NO. 6452 OF 2025 ■* DISPOSING OF THE CRIMINAL PETITION . >