APHC010364472025 IN THE HIGH COURT OF ANDHRA PRADESH at AMARAVATI TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7567 OF 2025 Between: Kondam Tharaka Murali, S/o. Narayana, aged about 54 years, R/o. D.No.4-78/2/1, Devanapalle, Ntzamabad, Telangana-503111 ...Petitioner/Appellant/Accused AND 1. Veeramachaneni Pandu Ranga Rao, S/o.Murali Krishna, aged about 48 years, D.No.32-17-11/10, Mogalarajpuram, Ravichettu center, Vijayawada- 520010, A.P. Peddarlavari street ...Respondent/Complainant 2. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...Respondent/Respondent 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 quash the Order in CrI.M.P. No. 375 of 2025 in Criminal Appeal No.210 of 2025, dated 06.05.2025, passed by the Hon’ble VIII Additional District and Sessions Judge, Vijayawada in so far as requiring the Petitioner to deposit 20% (Rs. 2,00,000/-) of the compensation amount of Rs. 10,00,000/- within a period of 60 days. s A / 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 of the condition in CrI.M.P. No. 375 may be pleased to suspend the operation of 2025 in Criminal Appeal No.210 of 2025, dated 06.05.2025 imposed by the Hon'ble VIII Additional District and sessions Judge Vijayawada, in so far as requiring the Petitioner to deposit 20% (Rs.2,00,000/-) of the compensation amount of Rs. 10,00,000/- within a period of 60 days, pending disposal of the criminal petition. Counsel for the Petitioner: Sri P.Sai Surya Teja, Advocate (Legal Aid) Counsel for Respondent No.2: Public Prosecutor Counsel for Respondent No.1; -- The Court made the following Order; 1 % APHC010364472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7567/2025 Between: 1 KONDAM THARAKA MURALI, S/0. NARAYANA, AGED ABOUT 54 NIZAMABAD, YEARS, R/0. D.NO.4-78/2/1, DEVANAPALLE TELANGANA-503111 ...PETITIONER/ACCUSED AND 1 VEERAMACHANENI PANDU RANGA RAO, S/0.MURALI KRISHNA, YEARS, D.NO.32-17-11/10, RAVICHETTU 48 ABOUT AGED M OGALARAJ P U RAM, P E D DAR LAVARI CENTER, VIJAYAWADA- 520010, A.P. STREET, REP. BY ITS PUBLIC HIGH COURT OF ANDHRA PRADESH AT 2.THE STATE OF ANDHRA PRADESH PROSECUTOR, AMARAVATI. ...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 Quash the Order in CrI.M.P. No. 375/2025 in Criminal Appeal No.210/2025, dated 06.05.2025, passed by the Hon'ble VIII Additional District and Sessions Judge, Vijayawada in so far as requiring the Petitioner to deposit 20% (Rs. 2,00,000/-) of the compensation amount of Rs. 10,00,000/- within a period of 60 days is concerned and pass lA 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 suspend the operation of the condition in CrI.M.P. No. 375/2025 in Criminal Appeal No.210/2025, dated 06.05.2025 imposed by the Hon'ble VIII Additional District and sessions Judge 2 f Vijayawada, in so far as requiring the Petitioner to deposit 20% (Rs.2,00,000/- ) of the compensation amount of Rs. 10,00,000/- within a period of 60 days pending disposal of the criminal petition and pass Counsel for the Petitioner/accused: 1.PSAI SURYATEJA 2. LEGAL AID Counsel for the Respondent/complainant{S): 1.PUBLIC PROSECUTOR 2. 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 06.05.2025 in Crl.M.P.No.375 of 2025 in Crl.A.No.210 of 2025 passed by the learned VIII Additional District and Sessions Judge, Vijayawada. 2. Heard the learned counsel for the Petitioner and learned Assistant Public Prosecutor representing the State/Respondent No.2. 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; 3. "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 vi/hether 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. ” Considering the submissions made and following the Order passed by 4. 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 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. With the above directions, the Criminal Petition is disposed of. 5. Pending applications, if any, shall stand closed. Sd/- K TATA RAO DEPUTY RE RAR //TRUE COPY// SECTION OFFICER To 1. The VIII Additional District and sessions Judge Vijayawada, Krishna District. 2. One CC to Sri P.Sai Surya Teja, Advocate, Legal Aid [OPUC] 3. Two GO’S to the Public Prosecutor, High Court of Andhra Pradesh ^ [OUT] 4. Three CD Copies GPC Vna Note: In Para CRLPNo.7567 of 2025, the name as “Vlll”, as per CRLP No.7567 of 2025. Order, dt.22-07-2025 in No.1 at Page No.2 of the of the Court “Vll” is deleted and added I.A.No.2 of 2025 in the Court Order dt.20.08.2025 made in Sd/- SHAIK MOHD. RAFI assistant registrar \1 -I I HIGH COURT 1 DATED: 22/07/2025 20/08/2025 g n 1 SEP 2025 « ^ . Current Seciion m AMENDED ORDER CRLP No.7567 of 2025 DISPOSING OF THIS CRIMINAL PETITION