A APHC010409592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No.8265 of 2025 / iT-f V Between: Sundara Srinivasa Rao, S/o. Sri Krishna, Aged about 50 years, Occ Agriculture, R/o. Sundara vari Meraka, Gudapalli Village, Malikipuram Mandal, East Godavari District. ...Petitioner / Appellant / Accused AND 1. The state of Andhra Pradesh, Rep. by its Public Prosecutor, The High Court of Andhra Pradesh at Amaravathi, Andhra Pradesh. ...Respondent 2. Vardhineedi Dorababu, S/o. Venkata Satyanarayana, Aged about 39 years, Occ: Agriculture, R/o. Magatapalli Village, Mamidikudu Mandal, East 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 call for the record and set aside the depositing of Rs. 1,40,000/- 7,00,000/- before the Trial court on or before 07.10.2024, vide order in CrI.M.P No. 400 of 2024 IN CrI.A. No.233 of 2024 on the file of the Court of the II onerous condition i.e. being 20% of the cheque amount of Rs. Additional District and Sessions the same. jA NO: 1 OF 7091; Petition under Section 528 stated in the Memorandum may be pleased to stay of Rs. 7,00.000/- before the CrI.M.P No. 400 of 2024 i the II Additional District 05.07.2024. Counsel for the Petitioner Counsel for Respondent No. Counsel for Respondent No. The Court made the following Judge, Amalapuram consequently modified of BNSS praying that in the ci of Grounds of Criminal Petition, Circumstances the High Court operation the onerous condition i Trial court i.e. depositing of or before 07.10.2024, vide order in on in CrI.A. No.233 of 2024 on the file of the Court of and Sessions Judge, Amalapuram orders dated ■■ Sri Dasari S VV S V Prasad 1' Public Prosecutor 2: None Appeared order; 1 APHC010409592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8265/2025 Between: 1.SUNDARA SRINIVASA RAO, S/0. SRI KRISHNA, AGED ABOUT 50 YEARS, OCC AGRICULTURE, R/0. SUNDARA VARI MERAKA, GUDAPALLI VILLAGE, MALIKIPURAM MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PUBLIC PROSECUTOR, THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI, ANDRA PRADESH. 2.VARDHINEEDI DORABABU, S/0. VENKATA SATYANARAYANA AGED ABOUT 39 YEARS, OCC AGRICULTURE, R/O. MAGATAPALLI VILLAGE, MAMJDIKUDU MANDAL, EAST GODAVARI DISTRICT. ...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 Court may be pleased to call for the record and set aside the onerous condition i.e. depositing of Rs. 1,40,000/- being 20 percent of the cheque amount of Rs. 7,00,000/- before the Trial court on or before 07.10.2024, vide order in CrI.M.P No. 400 OF 2024 IN CrI.A. No.233 of 2024 on the file of The Court Of The II AddI District and Sessions Judge, Amalapuram consequently modified the same and pass such lA NO: 1 OF 2025 2 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 may be pleased to stay of operation the condition i.e. depositing of Rs. 7,00,000/- before the Trial court on or before 07.10.2024, vide order in CrI.M.P No. 400 OF 2024 IN CrI.A. No. 233 OF 2024 on the file of The Court Of The II AddI District and Sessions Judge, Amalapuram orders dated 05.07.2024 and pass such Counsel for the Petitioner/accused: onerous 1. DASARI S VV S V PRASAD Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR THE HONOURABLE DR JUSTICE VENKATA CRIMINAL PETITION NO: 8265/2n9f> JYOTHIRMAI PRATAPA ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under has been filed by the Petitioner/Accused. Section 528 of BNSS, seeking to quash the condition i.e., depositing of Rs.1,40,000/- being 20% of the onerous compensation amount of Rs.7.00.000/- before the Trial Court order 07.08.2024 in Crl.M.P.No.400 of 2024 flie of II Additional District and Sessions Judge, Amalapuram. on or before 07.10.2025 vide in Crl.A.No.233 of 2024 on the 2. Heard Sri DASARI S.V.V.S.V. Petitioner and Ms. K. Priyanka Lakshmi representing the State/Respondent. It is submitted by the learned by the learned Assistant Public Prosecutor Criminal Petition i Criminal Petition No.5914 of 2024 para Nos. 7 and 8 as under: PRASAD, learned counsel for the learned Assistant Public Prosecutor 3. counsel for the Petitioner and acceded to. that the subject matter of this IS squarely covered by the Order passed by this Court vide dated 28.08.2024, wherein, it was held at 7. The Hon'ble Supreme Court in Jamboo Bhandari IVs. M.P. State Industrial Development Corporation Limited and Others’, referring above para in the case of Surinder Singh Deswai @ Colonei S.S.Deswai and others, heid in paras 6 to 9 as under: What is heid by this Court is that a purposive interpretation u ^ 2023 LiveLaw (SC) 776 4 Should be made of Section 148 of the N.l. Act. Hence, Appellate Court will be justified in imposing the condition of deposit as provided in Section 148. However, in a case where the Appellate Court is satisfied that the condition 20% will be unjust or imposing such a condition will amount to deprivation of the right of appeal of the appellant, be made for the reasons specifically recorded. normally. of deposit of exception can \ 7. Therefore, when Appellate Court considers the Section 389 of the Cr.P.C. of prayer under an accused who has been convicted for offence under Section 138 of the N.l. always open for the Appellate Court to consider whether it is an exceptional case which warrants grant of suspension of sentence without imposing the condition of deposit of fine/compensation amount. As stated earlier. Court comes to the conclusion that it is an exceptional case, the reasons for coming to the said conclusion must be recorded. The submission of the learned counsel original complainant is that neither before the Sessions Court before the High Court, there was a plea made by the appellants that an exception may be made in these cases and the requirement of deposit or minimum 20% of the dispensed with. He submits that if such by the appellants, there consider the said plea. Act, it is 20% of the if the Appellate 8. appearing for the nor amount be a prayer was not made were no reasons for the Courts to 9. We disagree with the above submission. When an accused applies under Section 389 of the Cr.P.C. for suspension of sentence, he normally applies for grant of relief of suspension sentence without any condition. Therefore, when a blanket order is sought by the appellants, the Court has to consider the case falls in exception or not. ” of whether 5 8. Therefore, in the light of above judgments of the Hon’ble Supreme Court, normally, the Appellate Court will be justified in imposing condition of deposit as provided in Section 148 of N.I.Act. However, 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 this Court in Criminal Petition No.5914 of 2024, dated 28.08.2024, this Criminal Petition is allowed. The impugned order of the learned Appellate Court is set side restoring the application filed by the appellant U/s.389 (3) Cr.P.C., corresponding to section 430 of BNSS before the Appellate Court. The learned Appellate Judge shall consider the application afresh and dispose of the same according to law. The petitioner shall be released forthwith on execution of a personal bond of Rs.20,000/- (Rupees Twenty thousand only) to the satisfaction of the Trial Court. In the meanwhile, the sentence imposed against the petitioner is suspended. As a sequel thereto, miscellaneous petitions pending, if any, shall stand in a case. 4. closed. Sd/- M RAMESH BABU DEPUTY REGISTRAR SECTION OFFICER //TRUE COPY// To and Sessions Judge, Amalapuram, East 1. The II Additional District Godavari District. r The Judicial Magistrate of Class, Razole, East Godavari District. The Superintendent, Central Prison, Rajamahendravaram, East Godavari District. One CC to Sri. Dasari S VV S V Prasad, Advocate [OPUC] Two CCs to Public Prosecutor, High Court of Andhra Pradesh [OUT] Three CD Copies 2. 3. 4. 5. 6. PRK HIGH COURT CCTODAY DATED:07/08/2025 ORDER CRLP No.8265 of 2025 ALLOWING THE CRIMINAL PETITION