IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL PETITION No.47 of Between: Dudekula Khaja Hussain, S/o. Lai Saheb, Aged about 48 R/o.Allagadda, now residing at H.No.28-851/A8, Kurnool District. years, Viswanagar, Nandyal, ...Petitloner/Petitioner/Accused AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of A.P. at Amaravathi. 2. Dudekula Jamal Basha, S/o. Pedda Hussain years, C/o. Bismilla Bore Wells, Shop No.25, Srinivasa Nagar, Nandyal, Kurnool District. Saheb, Aged about 46 Srinivasa Complex, ...Respondents/ Respondents/Complainant Petition under Section 528 of BNSS stated in the Memorandum of Grounds of Criminal may be pleased to set aside the impugned order dated 07.11.2024 passed i CrI.M.P. No. 399 of 2024 in CRLA No.85 of 2024 Court of III Additional District and Sessions Judge, praying that in the circumstances Petition, the High Court in on the file of the Hon’ble Kurnool at Nandyal to an extent of directing to deposit 20% of compensation amount of Rs.24,90,000/- within a period of 2 months from the date of the order. LA. NO: 1 OF 2025 Petition under Section 528 of BNSS (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 suspend the order to extent of directing to deposit 20% of compensation amount of Rs.24,90,000/- within a period of 2 months from the date of the order in Crl.M.P.No.399 of 2024 in CRLA No.85 of 2024. dated 07.11.2024 on the file of Hon’ble Court of III Additional District and Sessions Judge, Kurnool at Nandyal. an This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Ms. Ayesha Azma S., Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2. The Court made the following: APHC010605072024 4,* r.*r. I IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI EiM MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL PETITION NO: 47/2025 Between; 1.DUDEKULA KHAJA HUSSAIN, S/0 LAI SAHEB AGED ABOUT 48 YEARS, R/0 ALLAGADDA, NOW RESIDING VISWANAGAR, NANDYAL, AT H.N0.28-851/A8, KURNOOL DISTRICT. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS HIGH COURT OF A.P. AT PUBLIC PROSECUTOR, AMARAVATHI. 2.DUDEKULA JAMAL BASHA, S/0 PEDDA HUSSAIN SAHEB, AGED ABOUT 46 YEARS, C/0 BISMILLA BORE WELLS, SRINIVASA NAGAR, NANDYAL, KURNOOL DISTRICT SHOP N0.25, SRINIVASA COMPLEX, ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1.AYESHAAZMAS Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 2 THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL PETITION NO: 47 of 2025 ORDER: This Criminal Petition is filed by the petitioner/Accused under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the order dated 07.11.2024 passed in Crl.M.P.No.399 of 2024 in Criminal Appeal No.85 of 2024 on the file of learned III Additional District & Sessions Judge, Kurnool at Nandyal. Heard Ms.S.Ayesha Azma, learned counsel for the 2. petitioner and learned Additional Public Prosecutor representing the State. Learned counsel for the petitioner would submit that 3. learned Sessions Judge in the appeal against the conviction for the offence punishable under Section 138 of Negotiable Instruments Act passed the impugned order dated 07.11.2024 in Crl.M.P.No.399 of 2024 under Section 430(1) of BNSS 2023, directed the petitioner to deposit 20% of the cheque amount, as ordered by the learned Trial Judge within two months from the date of the order, while suspending the sentence of imprisonment awarded by the learned Magistrate. He would further submit that the order of the learned Sessions Judge is not in accordance with 3 Jamboo Bhandari v. MP State Industrial Development Corporation Ltd’s case. The learned Additional Public Prosecutor takes notice for the State and would submit that the Appellate Court has power to order the appellant to deposit such sum, which shall be a minimum of 20% of the fine or compensation amount awarded by the trial Court in an appeal against the conviction U/s.138 of Negotiable Instruments Act. 4. 5. This Court after following judgments of the Hon’ble Apex Court in the case of Surinder Singh Deswal @ Colonel S.S.Deswal and others Vs. Virender Gandhi^ Jamboo Bhandari Vs. M.P.State Industrial Development Corporation Limited and Others^, and Muskan Enterprises and another Vs. State of Punjab and another^, and reported judgment of this Court in Crl.P.No.5914 of 2024 dated 28.08.2024, by following the judgments of the Hon’ble Supreme Court held that, “normally, the Appellate Court will be justified in imposing condition of deposit as provided in section 148 of N.I.A.ct. 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 ‘ 2019 (11) see 341 ^ 2023 LiveLaw (SC) 776 2 2024 INSC 1046 Ux 4 considers an application filed U/s. 389(1) Cr.P.C. correspondingto Section 430 ofBNSS by the drawer of the cheque (accused), who ivas 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”. 6. In the case on hand, the impugned order of the learned Appellate Court does not disclose anything that the learned Appellate Court considered whether the cases in the exception or not? i.e., whether it warrants grant of suspension of sentence without imposing the condition of deposit of 20% of the / fine/compensation amount? 7. In those circumstances, the impugned order of the learned Appellate Court is set side and restored the application filed by the appellant U/s.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 5 then, the sentence imposed by the learned trial Court stands suspended. The order of the suspension of sentence granted by the learned First Appellate Court will be in force, till disposal of the application. 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. i 8. Accordingly, the Criminal Petition is disposed of at the stage of admission. As a sequel, interlocutory applications pending, if any, shall stand closed. ' SD/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR I c //TRUE COPY// ' SECTION OFFICER 1. The III Additional District and Sessions Judge, Nandyal District. 2. The Principal Civil Judge (Junior Division), Nandyal, Kurnool District. 3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi[OUT] 4. One CC to Ms. Ayesha Azma S, Advocate [OPUC] 5. Three CD Copies To Kurnool TK sree I I HIGH COURT DATED:06/01/2025 ORDER CRLP.No.47 of 2025 OF ANOS^ ^ 0 7 JAN 2075 Oof, O •i-.i Current Section ^ DISPOSING OF THE CRIMINAL PETITION AT THE STAGE OF ADMISSION