APHC010431582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8679 OF 2025 Between: Aithabathula Venkata Ramana, S/o.Ganapathi Rao, aged 56 years Occ: Employee, Yanam, Puducherry State. ...PETITIONER/PETITIONER AND 1. State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi. 2. Tadi Sureddy, S/o.Venkata Reddy, aged 48 years, Occ:Business, R/o.D.No.4-106, Main Road, Someswaram Village, Rayavaram Mandal, East Godavari District. ...RESPONDENTS/RESPONDENTS Petition filed 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 records relating to Order dated 10-06-2025 in CrI.M.P. No.330 of 2025 in CrI. A.No.177 of 2025 in CC No.116 of 2022 in The Court of the XIII Additional Sessions Judge, Ramachandrapuram, East Godavari District and modify the same. Counsel for the Petitioner : SRI K.V.S.S.PRABHAKARA RAO Counsel for the Respondent No.1; MS.K.PRIYANKA LAKSHMI, ASSISTANT PUBLIC PROSECUTOR Counsel for the Respondent No.2 The Court made the following ORDER : 1 APHC010431582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) KB ■ES'W [3396] B FRIDAY,THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8679/2025 Between: 1.AITHABATHULA VENKATA RAMANA, S/0 GANAPATHI RAO AGED 56 YEARS, OCC EMPLOYEE,YANAM PUDUCHERRY STATE. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDRHA PRADESH, AMARAVATHI. 2.TADI SUREDDY, S/0 VENKATA REDDY AGE 48 YEARS, OCC BUSINESS R/0 D. NO. 4-106, MAIN ROAD, SOMESWARAM VILLAGE, RAYAVARAM 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 Courtpleased to call for the records relating to Order dated 10-06-2025 in CrI.M.P. No. 330 of 2025 IN CrI. A NO. 177 of 2025 in CC No 116 of 2022 In The Court of the XIII Addl.Sessions Judge; Raamachandrapuram : East Godavari District and modify the same and to pass Counsel for the Petitioner/accused: 1.K.V.S.S.PRABHAKARA RAO Counsel for the Respondent/complainant(S): 3 ^ THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8679/2025 ORDER: The instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed, by the Petitioner, seeking quashment of the order dated 10.06.2025 in Crl.M.P.No.330 of 2025 in Crl.A.No.177 of 2025 in the file of XI11 Additional Sessions Judge, C.C.No.116 of 2022, on Ramachandrapuram, East Godavari District. Heard Sri K.V.S.S.Prabhakara Rao, learned counsel for the Petitioner and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor 2. representing the State/Respondent, submitted by the learned counsel for the Petitioner and acceded to, learned Assistant Public Prosecutor that the subject matter of this 3. it is by the 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 was held at paras 7 and 8 as under; The Hon’ble Supreme Court in Jamboo Bhandari Vs. M.P. State Industrial Development Corporation Limited and Others\ referring above para in the case of Surinder Singh Deswal @ Colonel S.S.Deswal and others, held in paras 6 to 9 as under: “6. What is held by this Court is that a purposive interpretation should be made of Section 148 of the N.l. Act. Hence, normally. 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 of deposit of 7. ^ 2023 LiveLaw (SC) 776 4 20% will be unjust or imposing such a condition will amount to deprivation of the right of appeal of the appellant, exception can be made for the reasons specifically recorded. 7. Therefore, when Appellate Court considers the prayer under Section 389 of the Cr.P.C. of an accused who has been convicted for offence under Section 138 of the N.l. Act, it is 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 20% of the fine/compensation amount. As stated earlier, if the Appellate 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 appearing for the original complainant is that neither before the Sessions Court nor 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%o of the amount be dispensed with. He submits that if such a prayer was not made by the appellants, there were no reasons for the Courts to consider the said plea. 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 of sentence without any condition. Therefore, when a blanket order is sought by the appellants, the Court has to consider whether the case falls in exception or not. ” 8. 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.l.Act. However, in a case, 5 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. ” i I Considering the submissions made and following the Order passed by this Court in Criminal Petition No.5914 of 2024, dated 28.08.2024, this 4. Criminal Petition is allowed. The impugned order of the learned Appellate Court is set side and restoring the application filed by the appellant U/s.389 (1) Cr.P.C., corresponding to section 430(1) 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. 6 I, Pending applications, if any, shall stand closed. SDI- N.NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The XIII Additional Sessions Judge, Ramachandrapuram Godavari District. 2. The Judicial Magistrate of First Class, Anaparthi, East Godavari District. 3. One CC to Sri K.V.S.S.Prabhakara Rao, Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Court of AP at Amaravati [OUT] 5. Two CD Copies BSV TAC East HIGH COURT DATED:22/08/2025 ORDER CRLP NO. 8679 OF 2025 M 0 4 SEP 2025 jg) ALLOWING THE CRIMINAL PETITION