* 4 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K. SREENIVASA REDDY I.A.NO. 1 OF 2025 IN CRIMINAL REVISION CASE NO: 58 OF 2022 Between: Sd. Munwar Hussain, S/o Ahamcd Basha, Aged about 44 years, R/o D.No. 3-222, GNT Road, Padugupadu Village, Kovur Mandal, SPSR Nellore District. ...Petitloner/Appleant/Accused AND 1. The State of Andhra Pradesh, rep. by Public Prosecutor, High Court of Andhra Pradesh. 2. Shram City Union Finance Ltd.,, rep by its authorized signatory Sri. M Kranthi Kumar, aged 29 years. Office Situated at GNT Road, Dargamitta, Nellore City. , ...Respondents Petition under Section 528 of BNSS praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioner to withdraw the deposited amount credited in CC.No.213 of 2015 on the file of Judicial Magistrate of First Class, Sppcial Mobile Court, Nellore. % Counsel for the Petitioner: SRI SATEESH KUMAR EERLA Counsel for the Respondent No.1: PUBLIC PROSECUTOR Counsel for the Respondent No.2: SRI O UDAYA KUMAR The Court made the following ORDER: This is an application filed by the petitioner/accused praying the Court to permit him to withdraw the 20% of the cheque amount deposited by him to the credit of C.C.No.213 of 2015 Magistrate of First Class, Special Mobile Court, Nellore. Learned counsel for the petitioner/accused submitted that aggrieved by the Conviction and Sentence, dated 31.08.2018 recorded by the trial Court in the above CC, petitioner/accused preferred appeal vide Criminal Appeal No.275 of 2018 on the file of the Special Judge for trial of offences under SCs and STs (PoA) Act-cum-V Additional District and Sessions Judge, Nellore. It is the further contention of the petitioner/accused that along with the appeal, he filed petition vide Crl.M.P.No.778 of 2018 praying the Court to suspend the sentence till the disposal of the appeal. Vide Order, dated 01.10.2018, the learned Appellate Judge petitioner/accused to deposit 20% of the cheque amount, which arrived to Rs.3,07,200/-, to the credit of the account ofC.C.No.213 of 2015 on the file of the Judicial Magistrate of First Class, Special Mobile Court, Nellore. Accordingly, the petitioner/accused complied the Order, dated 01.10.2018. The Appellate Court vide Judgment, dated 24.11.2021,partly allowed the appeal, confirming the conviction recorded by the trial Court but modified the sentence. on the file of the Judicial directed the It is the contention of learned counsel for the petitioner/accused that since the Criminal Revision Case is allowed in terms of compromise effected between both parties under Section 320 (8) CrPC, petitioner/accused prays the Court to permit him to withdraw the said 20% of the cheque amount deposited to the credit of C.C.No.213 of 2015 on the file of the Judicial Magistrate of First Class, Special Mobile Court, Nellore. Heard both sides. Perused the record. Learned counsel for the respondent No.2/ complainant reported no objection. In view of the facts and circumstances, since the Criminal Revision Case was allowed on account of compromise effected between both parties in terms of Section 320 (8) CrPC, lA No.lof 2025 is allowed permitting the petitioner/accused to withdraw 20% of the cheque amount, which arrives at Rs.3,07,200/-, credited to the account of CC No.213 of 2015 on the file ofthe Judicial Magistrate of First Class, Special Mobile Court, Nellore, deposited by the petitioner/accused as per the Order, dated 01.10.2018 passed in Crl.M.P.No.778 of 2018 by the learned Special Judge for trial of offence sunder SCs and STs (PoA) Act-cum-V Additional District and Sessions Judge, Nellore. Accordingly, this application is ordered. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Special Judge for Trial of Offences under S.Cs and S.Ts. (POA) Act-Cum-V Additional Sessions Judge, Nellore (With if any Record) 2. The Judicial Magistrate of First Class, Special Mobile Court, Nellore 3. Sri Shram City Union Finance Ltd., rep by its authorized signatory, Nellore 4. One CC to Sri. Satheesh Kumar Eerla, Advocate [OPUC] 5. One CC to Sri. O Udaya Kumar, Advocate [OPUC] 6. Two CCs to the Public Prosecutor, High Court of A.P, Amaravati [OUT] 7. The Section Officer, Criminal Section, High Court of Andhra Pradesh. 8. Three CD Copies SD sree w HIGH COURT DATED:21/01/2025 ORDER I.A N0.1 OF 2025 IN/AND CRLRC.No.58 of 2022 * 1 FEB 2025 1 Current decuon . . ALLOING THE CRLRC