1 APHC010360652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7455/2025 Between: 1. BODDU VENKATA KRISHNAMA RAJU, S/O VENGAIAH,HINDU, AGED 64YEARS,R/O D.NO. 32-42-8/10,GULAM MOHIDDIN NAGAR, NEAR RAMALAYAM,MACHAVARAM,VIJAYAWADA,NTR DISTRICT ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, THROUGH ITS PUBLIC PROSECUTOR. HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 2. SETTIPALLI SRINIVASA RAO, S/O LATE.PANDU RANGA RAO, HINDU,AGED 63 YEARS,R/O.D.NO. 5-13,PONNEKALLU VILLAGE. TADIKONDA MANDAL,GUNTUR. ...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 relax the condition to deposit 20% of the compensation amount passed in CrI.M.P.No: 318 of2025 in Criminal Appeal No: 75/2025, on the file of IV Addl. District Judge Guntur video order dated 16.04.2025 IA 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 pleased to stay the condition to deposit 20% of 2 the compensation amount passed in CrI.M.P.No: 318 of 2025 in Criminal Appeal No: 75/2025, on the file of IV Addl. District Judge Guntur vide order dated 16.04.2025 Counsel for the Petitioner/accused: 1. KARUMANCHI INDRANEEL BABU Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The instant petition under Section 528 of the BNSS has been filed, by the Petitioner/Accused, seeking quashment of the order dated 16.04.2025 in Crl.M.P.No.318 of 2025 in Crl.A.No.75 of 2025 passed by the learned IV Additional Sessions Judge-cum-Special Judge for Trial of Cases under Scheduled Castes & Scheduled Tribes (PoA) Act, 1989. 2. Heard the learned counsel for the Petitioner and learned Assistant Public Prosecutor representing the State/Respondent No.1. 3. It is submitted by the learned counsel for the Petitioner and acceded to, by the learned Assistant Public Prosecutor that the subject matter of this Criminal Petition is squarely covered by the Order passed by this Court vide Criminal Petition No.5914 of 2024, dated 28.08.2024, wherein it is held as follows; “8. …However, in a case, whether the Appellate Court is satisfied with the condition of deposit of 20% will be unjust, exception can be made for the reason specifically recorded. Hence, when the Appellate Court considers an application filed U/s.389(3) Cr.P.C. corresponding to Section 430 of BNSS by the drawer of the cheque (accused), who was 3 convicted for the offence U/s.138 of Negotiable Instruments Act, the Appellant Court has to consider whether it is exceptional case which warrants grant of suspension of sentence without imposing condition of deposit of 20% of fine/compensation amount. If the Appellate Court comes to said conclusion that it is an exceptional case, reasons for coming to such conclusion must be recorded.” 4. Considering the submissions made and following the Order passed by this Court in Criminal Petition No.5914 of 2024, dated 28.08.2024, the impugned order of the learned Appellate Court is set side and restored the application filed by the appellant U/s.430(2) BNSS, before the Appellate Court. The petitioner/accused shall appear before the learned Appellate Court within 10 (ten) days from the date of receipt of a copy of this order. On such appearance, the learned Appellate Court shall consider the application afresh and dispose of the same as expeditiously as possible, preferably within seven (07) days. Till then, the sentence imposed by the learned trial Court stands suspended. If the petitioner/accused fails to appear before the learned Appellate Court as directed above, the Criminal Petition stands dismissed without recourse to the Court. 5. With the above directions, the Criminal Petition is disposed of. Pending applications, if any, shall stand closed. __________________________________________ DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date : 17.07.2025. ASR 4 THE HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No.7455 OF 2025 Dated : 17.07.2025 ASR