APHC010008702025 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: 238/2025 Between: Kondapu Gurumurthy ...PETITIONER/ACCUSED AND Icici Bank Ltd and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1. ANIL KUMAR DASARI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2. The Court made the following: ORDER: The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (in short “Cr.P.C.”) has been filed, by the Petitioner/ Accused, seeking quashment of the order dated 26.11.2024 in Crl.M.P.No.169 of 2024 in Crl.A.No.32 of 2024 passed by the XII Additional District and Sessions Court, Visakhapatnam. 2. Heard Sri Aneel Kumar Dasari learned counsel for the Petitioner and learned Additional Public Prosecutor representing the State/Respondent. 3. It is submitted by the learned counsel for the Petitioner and acceded to, by the learned Additional 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. 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.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/accused 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. _________________________________________ DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date : 09.01.2025 MH 138 THE HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No.238 OF 2025 Dated : 09.01.2025 MH