APHC010440852019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSANDAND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No.44 of 2020 Between: Kontheti Venkata Satyanarayana Murthy, S/o Late Subba Rao, 45 years, R/o D.No.2-44, Guthenadeevi, Godavari District. I. Polavaram Mandal, East ...Petitioner/Appelant/Accused AND State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court at Amaravati. 1. 2. Chodavarapu Naga Satya Mounika, W/o.Pundarreka Subrahmanyam @ Sudheer, 24 years, R/o G. Vemavaram Village, I. Polavaram Mandal, East Godavari District. ...Respondents/ Respondents Petition under Section 482 of Cr.P.C 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 in Crl.A.No.367/2019 on the file of the II Additional District and Sessions Judge, Amalapuram, East Godavari District and set aside the order dated 06-11-2019 in CrI.M.P. No.376/2019. Counsel for the Petitioner : Sri T V S Prabhakara Rao r Counsel for Respondent No.1: Public Prosecutor Counsel for Respondent No.2: None Appeared The Court made the following order: 1 % APHC010440852019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 44/2020 Between: 1.KONTHETI VENKATA SATYANARAYANA MURTHY, S/0 LATE SUBBA RAO, 45 YEARS, R/0 D.NO.2-44, GUTHENADEEVI, POLAVARAM MANDAL, EAST GODAVARI DISTRICT I. ...PETITIONER/ACCUSED AND 1.STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR HIGH COURT AT AMARAVATI. I 2.CHODAVARAPU NAGA SATYA MOUNIKA, W/0 PUNDARREKA SUBRAHMANYAM, @ SUDHEER, 24 YEARS, R/0 G. VEMAVARAM VILLAGE, I. POLAVARAM 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 to call for the records in cri.a. 367/2019 on the file of II Addl. District and sessions judge, amalapuram, east godavari dist and set aside the order dated 06-11-2019 in CrI.m.p. 376/2019 lA NO: 1 OF 2020 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 to grant stay of all further proceedings in Crl.A.No.367 of 2019on the file of the II Addl. District & Sessions Judge, Amalapuram, East Godavari District by suspending the order dated r 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 40/2020 ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C) has been Petitioner/Accused, seeking to call for the records in Crl.A.No.367 of 2019 on the file of II Additional District & Sessions Judge, Amalapuram Godavari District and set aside the Crl.M.P.No.376 of 2019. filed by the East orders dated 06.11.2019 in 2. Heard T.V.S.Prabhakar Rao, learned counsel for the Petitioner and learned Assistant Public Prosecutor representing the State/Respondent. 3. It is submitted by the learned counsel for the Petitioner and acceded by the learned Additional Public Prosecutor that the subject Criminal Petition is squarely covered by the Order passed by this Court to. matter of this vide Criminal Petition No.5914 of 2024, dated 28.08.2024, wherein, it was held at para Nos. 7 and 8 as under; The Hon’ble Supreme Court in Jamboo Bhandari Vs. 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 7. M.P. 2023 LiveLaw (SC) 776 4 the Appellate Court I.IS satisfied that the condition of deposit of a condition will amount to 20% will be unjust or imposing such deprivation of the right of appeal of the be made for the reasons specifically recorded appellant, exception can 7. Therefore, when Appellate Court considers the Section 389 of the Cr.P.C. prayer under 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 fine/compensation amount. /\s 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 of 20% of the if the Appellate 8. counsel appearing for the original complainant is that neither before the Sessions Court before the High Court, there nor w^as a plea made by the appellants cases and the amount be a prayer was not made were no reasons for the Courts to that an exception may be made in these requirement of deposit or minimum 20%) of the dispensed with. He submits that if such by the appellants, there consider the said plea. 9. l/Ve disagree with the above submission, applies under Section 389 of the Cr.P.C. sentence, he normally applies for grant of relief of When an accused for suspension of suspension of sentence without any condition. Therefore, when a blanket order is sought by the appellants, the Court has to the case falls in exception or not. ” consider whether 8. Therefore, in the light of above judgments of the Hon’ble ‘ Court, normally the Appellate Court will be justified in imposing condition Supreme r 5 % of deposit as provided in Section 148 of N.I.Act. 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/compensatio n amount. If the Appellate Court comes to said conclusion that it is an exceptional case, reasons for coming to such conclusion must be recorded. ” n Learned counsel for the petitioner would further submit that the petitioner herein filed an insolvency petition in IP.No.06 of 2016 on the file of the Court of the learned II Additional District Judge, Amalapuram, East Godavari District, wherein the 2'^^ respondent was shown as the respondent No.6. 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 aside and 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 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 4. 5. petitioner/accused fails directed above, the Criminal Court. to appear before the learned Appellate Court Petition stands dismissed without as recourse to the As a sequel thereto, mi miscellaneous petitions pending, if any, shall stand closed. \ AstsTA^r n f'AFI ASSISTANT registrar //TRUE COPY// SECTION OFFICER To 1- The II Additional Godavari District. 2. The Judicial District. 3. The Sessions Judge '*■ Two CCS to the Amaravathi[OUTJ 5. One CC to^Sri T V s 6. Two CD Copies District and Sessions dodge, Amalapuram, Mummidivaram East Pirst Class Magistrate, East Godavari Rajahmundry, East Godavari Public Prosecutor i District. High Court of Andhra Pradesh Prabhakara Rao, Advocate [OPUC] TK vna HIGH COURT DATED:31/07/2025 ORDER CRLP No.44 of 2020 1 I AUG 2025 :& ov Co J^sQwrentSectlgD^^^ ALLOWING THE CRIMINAL PETITION