IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE I :/o fr'S U VV > m \ o. j PRESENT THE HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA V CRIMINAL PETITION NO: 243 OF 2025 Between: Pitani Naga Satish, S/o. Nagabhushanam, aged 42 years, PB.No.8 Opp: Head Post office, Tadepalligudem, West Godavari Dist. ...Petitioner/Appellant/Accused AND 1. The State, Rep. by Public Prosecutor, High Court of Andhra Pradesh Amaravati. 2. P. Srinivas, S/o. Krishnahaiya, aged 50 years, H.No. 1-46 Nallakulavaripalem, Peravali Mandal, West Godavari District. 3. The State, represented by its Addl. Public Prosecutor, Tanuku, West Godavari District ...Respondents/Respondents/Complainants 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 Modify or set aside the order dated 11-11- 2024 passed in Crl.M.P.No.917/2024 in Criminal Appeal.No.233/2024 on the file of IV Additional Session Judge, Tanuku to the extent of imposing a condition to deposit 20% of the compensation amount before the trial court •St- within 60 days from the date of order in the light of Hon'ble Apex Court Law (SC) 776=2023 INSC 822 Jamboo . Industrial Development Corporation Ltd & Ors. Judgment reported in 2023 Live Bhandari v M P State I A NO: 1 OF 2025 that in the Section 482 of Cr.P.C praying Memorandum of Grounds of Criminal Petition Petition under circumstances stated in the the order Dated 11-11-2024 passed the file IV the High Court may be pleased to stay in Crl.M.P.No.917/2024 in Criminal Appeal.No.233/2024 on Tanuku to the extent of imposing a condition to Additional Sessions Judge deposit 20% of the compensation days from the date amount before the trial court within 60 of order; pending disposal of the above Criminal Petition. for hearing, upon perusing the Memorandum This Petition coming on of Grounds of Criminal Petition and upon hearing the arguments of Sri K K Advocate for the Petitioner and the Public Prosecutor on Durga Prasad behalf of the Respondent No.1. The Court made the following: ORDER APHC010007492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 243/2025 Between; ...PETITIONER/ACCUSED Pitani Naga Satish AND ...RESPONDENT/COMPLAINANT(S) The State and Others Counsel for the Petitioner/accused: 1.KKDURGA PRASAD Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR The Court made the following: 2 ORDER. 482 of the Code of Criminal “Cr.P.C.”) has been filed, by the Petitioner/ of the order dated 11.11.2024 in Crl.M.P.No.917 The instant petition under Section Procedure, 1973 (in short Accused, seeking quashment of 2024 in Crl.A.No.233 of 2024 passed by the IV Additional Session Judge, Tanuku. Prasad learned counsel for the Petitioner and Heard Sri K.K.Durga 2. learned Additional Public Prosecutor representing the State/Respondent, submitted by the learned counsel for the Petitioner and acceded to, Public Prosecutor that the subject matter of this 3. It is by the learned Additional 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; ...However, in a case, whether the Appellate Court is satisfied with condition of deposit of 20% will be unjust, exception can be made for specifically recorded. Hence, when the Appellate Court application filed U/s.389(3) Cr.P.C. corresponding to 8. the the reason considers an 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 to said conclusion that it is an exceptional case reasons for comes coming to such conclusion must be recorded. 3 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.389(3) Cr.P.C., corresponding to section 430 of BNSS before the Appellate Court. The petitioner/accused shall appear before the learned Appellate Court in 10 (ten) days from the date of receipt of 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/accu sed fails to appear before the learned Appellate Court as directed above, the Criminal Petition stands dismissed without recourse to the Court. Pending applications, if any, shall stand closed. SD/- K SRINIVASA RAJU ASSISTANT REGISTRAR . //TRUE COPY// SECTION OFFICER 1. The IV Additional Sessions Judge, Tanuku, West Godavari District. 2 The 1®‘Additional Civil Judge (Junior Division) & 1® Class Judicial Magistrate, Tanuku, West Godavari District 3. One CC to Sri. K K Durga Prasad Advocate [OPUC] 4. Two CC's to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 5. Three CD Copies To, SAM vna high court DATED:09/01/2025 ORDER CRLP.No.243 of 2025 5 ^ 0 JAN 2025 Current Section . ^ DISPOSING OF THE CRLP