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2025 DAILYLAW 22851 (AP)

Nirogi Sri Lakshmi Janaki v. The State of Andhra Pradesh

CRLP/6714/2025 · 2025-07-02

Harinath N

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

V, % ‘ APHC010321982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6714 OF 2025 Between: Nirogi Sri Lakshmi Janaki, W/o Sivaram Murthy, Aged about 55 years R/ 0 Door. No. 16-23-2, Pallamraju Nagar, Kakinada. ...Petitioner/Petitioner AND 1. The State of Andhra Pradesh, Through its Public Prosecutor, High Court Of Andhra Pradesh at Amaravati. [RespQndent/Respondent] 2. Sathi Nageswara Reddy, S/o Rama Reddy, Aged about 48 years, Occ: Business, R/o. D.No. 12-2-10, Dantuvari Street, Kakinada ...Respondents Petition 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 quash the order dated 17-03-2025 in CrI.M.P. No. 303/2025 in C.A. 81/2025 by the Court of the VI Additional Sessions Judge, Kakinada, to the extent of condition i.e “The petitioner/appellant/accused is directed to deposit 20% of the compensation amount in trial court within 60 days of this order” imposed in para 13 (a) of the order. lA NO: 1 OF 2025 Petition 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 suspend the condition i.e petitioner/appellant/accused is directed to deposit 20% of the compensation amount in trial court within 60 days of this order” imposed in para 13 (a) of the order dated 17-03-2025 passed by the Court of the VI Additional Sessions Judge, Kakinada in CrI.M.P. No. 303/2025 in C.A. 81/2025. The Counsel for the Petitioner: Sri Sasanka Bhuvanagiri Counsel for the Respondent No.1: Public Prosecutor Counsel for the Respondent No.2: None Appeared The Court made the following order: APHC010321982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6714/2025 Between: 1.NIROGI SRI LAKSHMI JANAKI, W/0 SIVARAM MURTHY, AGED ABOUT 55 YEARS, R/ O DOOR. NO. 16-23-2, PALLAMRAJU NAGAR, KAKINADA. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, THROUGH ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 2.SATHI NAGESWARA REDDY, S/0 RAMA REDDY, AGED ABOUT 48 YEARS, OCC BUSINESS, R/0. D.NO. 12-2-10, DANTUVARI STREET, KAKINADA ...RESPONDENT/COMPLAINANT(S); Counsel for the Petitioner/accused: 1.SASANKA BHUVANAGIRI Counsel for the Respondent/complainant{S): 1.PUBLIC PROSECUTOR The Court made the following: 2 ORDER:- Heard the learned counsel appearing for the petitioner and the learned Assistant Public Prosecutor appearing for the State. 2. The petitioner is aggrieved by the order passed in CrI.M.P. No.303 of 2025 in C.A. No.81 of 2025 on the file of the VI Additional District and Sessions Judge, Kakinada, whereby the petitioner was directed to deposit 20% of the compensation amount within a period of sixty days, while suspending the sentence imposed on her. The petitioner was convicted for the offence under Section 138 of the Negotiable Instruments Act. It is submitted that the petitioner is unable to pay the said amount, as the cheque amount is Rs.25,00,000/-, and that she has expressed her inability to deposit 20% of the cheque amount before the VI Additional District and Sessions Judge, Kakinada. 3. However, the learned Sessions Judge imposed a condition directing the petitioner to deposit 20% of the compensation amount within a period of sixty days before the trial Court. The said order was passed on 17.03.2025. It is submitted that the petitioner has also submitted her medical records, and that she is suffering from certain gynecological issues which require medical attention. Considering her medical condition, this Court is inclined to extend the time by one more month from today. 4. Accordingly, this Criminal Petition is disposed off. 3 As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The VI Additional Sessions Judge, Kakinada, East Godavari District. 2. The II Additional Judicial First Class Magistrate: Kakinada, East Godavari District. 3. One CC to Sri Sasanka Bhuvanagiri Advocate [OPUC] 4. Two CC's to The Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 5. Two CD Copies SAM sree HIGH COURT DATED:03/07/2025 ORDER CRLP No. 6714 of 2025 DISPOSING OF THE CRLP