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2025 DAILYLAW 22609 (AP)

Ungarala Radhakrishnamurthy v. VALLU ESWARARAO

CRLP/6910/2025 · 2025-07-09

Harinath N

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

* APHC010319212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6910 OF 2025 Between: Ungarala Radhakrishnamurthy, s/o. Baburao, Aged 40 Year, Budhavari street, Sahapuram Village, Pedapudi Mandalam, East Godavari District ...Petitioner/ Accused AND 1. Vallu Eswararao, s/o. Satyanarayana, Aged 40 Years, r/o.D.No. 1-86/1, Adani Revu, Sahapuram village East Godavari District. Pedapudi mandalam ...Complainant 2. The State of Andhra Pradesh, Rep. by Public Prosecutor, High Court of Andhra Pradesh, Amaravathi ...Respondents 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 Set-Aside the Orders dated 26.06.2025, of Court of the III Additional District and Sessions Judge Court, Kakinada, passed in * CRL.M.P.No.446 of 2025 in G.A.No.160 of 2025 in C.C.No.822 of 2024, and may be pleased to relax the condition to deposit the amount Rs. 60,000/- i.e. 20% of cheque before the learned trail Court and taken on file the statutory Appeal for adjudication in accordance with law. lA NO: 2 OF 2025 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 stay of all further proceedings of in CRL.M.P.No.446 of 2025 in C.A.No. 160 of 2025 in C.C.No.822 of 2024, pending on the file of the III Additional District and Sessions Judge, Kakinada. Counsel for the Petitioner: Sri P.Nanilu Naidu Counsel for Respondent No.2: The Public Prosecutor, High Court of A.P. Counsel for Respondent No.1: ~ The Court made the following order: APHC010319212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6910/2025 Between: 1.UNGARALA RADHAKRISHNAMURTHY, S/0. BABURAO, AGED 40 YEAR, BUDHAVARI STREET, SAHAPURAM VILLAGE, PEDAPUDI MANDALAM, EAST GODAVARI DISTRICT ...PETITIONER/ACCUSED AND 1.VALLU ESWARARAO, S / O. SATYANARAYANA, AGED 40 YEARS R/0.D,N0.1-86/1,ADANI REVU, SAHAPURAM VILLAGE, PEDAPUDI MANDALAM. EAST GODAVARI DISTRICT. 2.STATE OF ANDHRA PRADESH, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATHI ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1.P NANILU NAIDU Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2. The Court made the following: 2 ORDER:- The petitioner is aggrieved by the order passed in Crl.M.P.No.446 of 2025, whereby the learned III Additional District & Sessions Judge, Kakinada, suspended the sentence imposed on the petitioner and directed the petitioner to deposit 20% of the compensation amount. The petitioner was convicted for the alleged offence under Section 138 of Negotiable Instruments Act. Along with the Criminal Appeal, the petitioner had filed Crl.M.P.No.446 of 2025 and the learned III Additional District & Sessions Judge, Kakinada, suspended the sentence, subject to the petitioner depositing 20% of the compensation amount. 2. 3. The learned counsel for the petitioner submits that the petitioner is a private employee and is unable to pool the amount of Rs.60,000/-. Therefore, it is submitted that the learned III Additional District & Sessions Judge, Kakinada, ought to have considered the financial condition of the petitioner before imposing such a condition. 4. Heard the learned counsel for the petitioner. 5. Perused the record. 6. The order passed by the learned III Additional District & Sessions Judge, Kakinada is well-considered and well-reasoned. However, considering the submission that the petitioner is unable to pool the compensation amount, further time of 30 days is granted. The petitioner shall deposit an amount of Rs.60,000/- on or before 25.08.2025. « 3 7. Accordingly, the Criminal Petition is disposed off. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/-B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The III Additional District and Sessions Judge, Kakinada, East Godavari District. One CC to Sri P.Nanilu Naidu, Advocate [OPUC] Two CC’s to the Public Prosecutor, High Court of A.P. [OUT] Three CD Copies 2. 3. 4. GPC sree HIGH COURT DATED: 10/07/2025 ORDER CRLP NO. 6910 OF 2025 DISPOSING OF THIS CRIMINAL PETITION