APHC010389942025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8099 OF 2025 Between: ChinnirrrilH Lakshmi Sarada, W/o. Abbulu @ Erriya Giri Abbulu, Female Age 56 years, R/o. Near Ramalayam Narsapur Mandal, West Godavari District. Sitharamapuram North ... PETITIONER/APPELLANT/ACCUSED AND 1. State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati. ...RESPONDENT 2. Mohammad Ratna Kumari, W/o. Raffi, Female, Age 50 years Sitharamapuram R/o. D.No.4-120, North, Narasapur Mandal, West Godavari District. ...RESPONDENT/COMPLAINANT 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 to order dated 25.04.2025 in Crl.M.P.No.155 of 2025 in Criminal Appeal No. 46 of 2025 passed by the Hon’ble X Additional District & Sessions Judge, West Godavari, Narsapur and set aside the condition alone imposed by the Appellate Court below which is payment of 20% of compensation amount. lA NO: 1 OF 2025 Petition under Section 528 of BNSS, praying that in the circumstances stated io the Memorandum of Grounds of Criminal Petition, the High Court may«be pleased to suspend the condition imposed by the Appellate Court which is payment of 20% of compensation amount in its order dated 25.04.2025 in Crl.M.P.No.155 of 2025 in Criminal Appeal No. 46 of 2025 passed by the Hon’ble X Additional District & Sessions Judge, West Godavari, Narsapur, pending disposal of the main petition. Counsel for Petitioner : SRI MALLAVELLI NAGA SAI LALITH KUMAR, ADVOCATE Counsel for Respondent No.1 ; THE PUBLIC PROSECUTOR, HIGH COURT OF A.P. Counsel for Respondent No.2 : -- The Court made the following ORDER : K^V'- 1 APHC010389942025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 050 [3396] r TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8099/2025 Between: 1.CHINNIMILLI LAKSHMI SARADA,, W/0. ABBULU @ ERRIYA GIRI R/0. NEAR RAMALAYAM. NARSAPUR MANDAL, WEST ABBULU, FEMALE, AGE 56 YEARS, SITHARAMAPURAM NORTH, GODAVARI DISTRICT. ...PETITIONER/ACCUSED AND REP BY ITS PUBLIC 1.STATE OF ANDHRA PRADESH, HIGH COURT OF ANDHRA PRADESH, PROSECUTOR, AMARAVATl. 2.MOHAMMAD RATNA KUMARI, W/O. RAFFI, FEMALE, AGE 50 SITHARAMAPURAM NORTH D.NO.4-120 R/0. YEARS, NARASAPUR MANDAL, WEST GODAVARI DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1.MALLAVELLI NAGA SAI LALITH KUMAR 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 25.04.2025 in Crl.M.P.No.155 of 2025 in C.A.Mo.46 of 2025 passed by the learned X Additional District & Sessions Judge, West Godavari District, Narasapur. 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 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. ” 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 3 f> application filed by the appellant U/s.430(3) 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. Accordingly, the Criminal Petition is allowed. 5. Pending applications, if any, shall stand closed. SDI- U.SRIDEVI REGISTRY ASSISTANT //TRUE COPY// SECTION OFFICER To, The X Additional District & Sessions Judge, Narsapur, West Godavari District. One CC to Sri Mallavelli Naga Sai Lalith Kumar, Advocate [OPUC] Two CC’s to the Public Prosecutor, High Court of A.P. at Amaravathi [OUT] Two CD Copies GPC TAC 1. 2. 3. 4. HIGH COURT DATED: 05/08/2025 ORDER CRLP NO. 8099 OF 2025 g{ 2 2 AUG 2025 Co ntSectioi^xJ5 iT ALLOWING THIS CRIMINAL PETITION