APHC010323602025 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: 6998 OF 2025 Between: Nalluri Uma Venkateswarlu, S/o. Gandhi, aged about 52 Years, R/o. Gandhi Ashram Village, Near Komaravolu Sivaru, Pamaru Mandal, Krishna District ...Petitioner AND 1. The State of Andhra Pradesh, by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. 2. Sarada Nutakki, W/o. Late Benarjee, aged about 69 Years, R/o. Flat No. 506, Shree’s Atmosphere Apartments, Poranki Road, Nidamanuru. ...Respondents 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 call for the records in Crl.M.P.No.258 of 2025 in Criminal Appeal No. 137 of 2025 on the file of VIII Additional District and Sessions Judge, Vijayawada, dated 02.04.2025 and quash the portion of order i.e., in paragraph No.8 of “Deposit 20% of the compensation amount by the petitioner/appellant/accused before Trial Court within a period of sixty days”. the lA NO: 1 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 Suspend the Operation of the Order of paragraph No.8 in imposing condition of depositing of “Deposit 20% of the compensation amount by the petitioner/appellant/accused before Trial Court within a period of sixty days” in Crl.M.P.No.258 of 2025 in Criminal Appeal No. 137 of 2025 on the file of VIII Additional District and Sessions Judge, Vijayawada, dated 02.04.2025, pending disposal of the above Criminal Petition. Counsel for the Petitioner: SRI SHAIK MOHAMMED ISMAIL Counsel for Respondent No.1: Public Prosecutor Counsel for Respondent No.2; -- The Court made the following order: APHC010323602025 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: 6998/2025 Between: 1.NALLURI UMA VENKATESWARLU, S/0. GANDHI, AGED ABOUT 52 YEARS, R/0. GANDHI ASHRAM VILLAGE, NEAR KOMARAVOLU SIVARU, PAMARU MANDAL, KRISHNA DISTRICT ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, BY ITS PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI. 2.SARADA NUTAKKI, W/0. LATE BENARJEE, AGED ABOUT 69 R/0. FLAT NO.506, SHREES ATMOSPHERE YEARS, APARTMENTS, PORANKI ROAD, NIDAMANURU. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1.SHAIK MOHAMMED ISMAIL Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 2 ORDER:- The petitioner is aggrieved by the order passed in Crl.M.P.No.258 of 2025, whereby the learned VIII Additional District & Sessions Judge. Vijayawada, 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.258 of 2025 and the learned VIII Additional District & Sessions Judge, Vijayawada, 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 business man and is unable to pool the 20% of the compensation amount. Therefore, it is submitted that the learned VIII Additional District & Sessions Judge, Vijayawada, 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 VIII Additional District & Sessions Judge, Vijayawada 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 20% of the compensation amount 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/- K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// N OFFICER SE To, 1. The VIII Additional District and Sessions Judge, Vijayawada, Krishna District. 2. One CC to Sri Shaik Mohammed Ismail, Advocate [OPUC] 3. Two CC’s to the Public Prosecutor, High Court of Andhra Pradesh [OUT] 4. Three CD Copies GPC VNA I T HIGH COURT DATED: 10/07/2025 >o O' '1? ssc o 2 ^ JUl 2025 m te. ★ ORDER CRLP NO. 6998 OF 2025 DISPOSING OF THE CRIMINAL PETITION