IN THE HIGH COURT OF ANDHRA PRADESH :: MONDAY ,THE TWENTY SEVENTH DAY TWO THOUSAND AND TWENTY FIVE AMARAVATI OF JANUAR^V^.^^^ PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL PETITION NO- 697 OF 2025 Between: Malleboina Dayakar, S/o. Malakondaiah. Street, Vengayapalem Road, Old Town Nellore District, AP. Aged 40 years, Jonnayagunta Kavali Municipality Kavali, SPSR ...Petitioner AND 1. The State of Andhra Pradesh, SHO Kavali Rural Police Station, SPSR Nellore District Rep. by Public Prosecutor, High Court at Amaravathi 2. Hanuman Readymades, Rep. By its proprietor, Mukkala Sudhakar Rao S/o. Venkata Subbaiah, aged not known, R/o. D.No. 5-18-3/A, Vikrutivari Street, Kavali Town, Kavali Municipality District. SPSR Nellore ...Respondents Petition under Section 528 of B.N.S.S praying that in the circumstances stated in the Memorandum of Grounds of Criminal the High Court may be pleased to call 2024 in Crl.A.No.81 of 2024, Judge, Nellore, SPSR Nellore District Petition, for the records in CrI.M.P.No. 46 of on the file the III Additional Districts. Sessions AP and quash the order Dated 24-06-2024 in Crl.M.P.No.46 of 2024 in Crl.A.No. 81 of 2024 as the same is illegal. I:A. NO: 2 OF 2025 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 grant stay of all further proceedings Crl.A.No. 81 of 2024 on the file the III Additional District & Sessions Judge, Nellore, SPSR Nellore District, AP including the presence of the petitioner pending disposal of the main Criminal Petition. in This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Komara Prudhvi Raj, Advocate for the Petitioner and the Additional Public Prosecutor on behalf of the Respondent. The Court made the following: ORDER y APHC010030172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) a [3368] MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL PETITION No: 697/2025 Between: 1.MALLEBOINA DAYAKAR, S/0. MALAKONDAIAH, AGED STREET, KAVALI 40 YEARS, VENGAYAPALEM MUNICIPALITY KAVALI, SPSR NELLORE DISTRICT, AP. JONNAYAGUNTA ROAD, OLD TOWN ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, SHO, KAVALI RURAL POLICE STATION, SPSR NELLORE DISTRICT REP. BY PUBLIC PROSECUTOR AMARAVATHI. HIGH COURT AT 2.HANUANNREADYMADES, REP. BY ITS PROPRIETOR, MUKKALASUDHAKAR RAO S/0. VENKATASUBBAIAH, AGED NOT KNOWN, R/0. D.NO. 5-18-3/A, VIKRUTIVARI STREET, KAVALI TOWN, KAVALI MUNICIPALITY, SPSR NELLORE DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1.KOMARA PRUDHVI RAJ Counsel for the Respondent/complainant{S): 1.PUBLIC PROSECUTOR The Court made the following: 2 THE HON’BLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI CRIMINAL PETITION No.697 OF 2025 ORDER: This Criminal Petition is filed by the petitioner/Accused, under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the order dated 24.06.2024 passed in Crl.M.P.No.46 of 2024 in Crl.A.No.81 of 2024 by the learned III Additional District & Sessions Judge, Nellore, SPSR Nellore District. Heard Sri K.Prudhvi Raj, learned counsel for the petitioner and learned Additional Public Prosecutor representing the State. Learned counsel for the petitioner would submit that 2. 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 24.06.2024 in Crl.M.P.No.46 of 2024 under Section 389(1) Cr.P.C., directed the petitioner to deposit 20% of the compensation amount ordered by the learned Trial Judge within a period of two (02) months from the date of the order, while suspending the sentence of He would prisonment awarded by the learned Magistrate, submit that the order of the learned Sessions Judge is not in accordance with Jamboo Bhandari v. MP State Industrial im Development Corporation Ltd's case. 3 The learned Assistant 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. In a recent judgment of the Honorable Apex Court in the case of Muskan Enterprises and another versus the State of Punjab and another, observed that the Appellate Court has discretion not to order the deposit of 20% of the amount under Section 148 of the Negotiable Instruments Act in appropriate and exceptional cases. The learned Sessions Judge in the order did not specify how the present case would not fall under the category of appropriate and exceptional cases. 6. It is an undisputed fact that the petitioner was convicted for the offence under Section 138 of the Negotiable Instruments Act by the learned Magistrate. The learned Magistrate sentenced the petitioner to simple imprisonment for a period of six (06) months and ordered him to pay Rs.4,17,500/- (Rupees Four Lakhs, Seventeen Thousand and Five Hundred only) as compensation. 4 The petitioner/accused subsequently filed an appeal challenging the judgment of the learned Magistrate. In the case of Jamboo Bhandari v. M.P. State Industrial Development Corporation Ltd. & Ors., referred above, the Hon’ble Apex Court held that when an accused applies under Section 389 of the Criminal Procedure Code (Cr.P.C.) for the suspension of sentence, they typically seek the grant of relief without any conditions. Therefore, when the appellants sought a blanket order, the Court had to determine whether the case fell under an exception. Consequently, when an application is filed by the appellant under Section 389 Cr.P.C. for the suspension of sentence, it is presumed that the appellant is seeking suspension without any conditions. The Court’s duty is to ascertain whether the case falls under an exception or not, to impose conditions as prescribed under Section 148 of the Negotiable Instruments Act. This Court after following judgments of the Hon’ble Apex 7. Court in the case of Surinder Singh Deswal @ Colonel S.S.Deswal and others\ Jamboo Bhandari Vs. M.P.State Industrial Development Corporation Limited and Others^, Muskan Enterprises and another versus the State of Punjab ' 2019 (11) see 341 ^ 2023 LiveLaw (SC) 776 5 reported judgment of this Court in of 2024 dated 28.08.2024, held that, ^^normally. the condition of deposit However, in a case, satisfied with the condition of be made for the and another^, and Crl.P.No.5914 Appellate Court will be justified in imposing as provided in section 148 of N.I.A.ct. whether the Appellate Court is of 20% will be unjust, exception can specifically recorded Hence, when the Appellate Court filed U/s.389(3) Cr P.C. corresponding to deposit reason considers an application Section 430 of BNSS by convicted for the offence Act, the Appellant Court has to which warrants grant of suspension of sentence without imposing condition of deposit If the Appellate Court comes an exceptional case, reasons for coming the drawer of the cheque (accused), who U/s. 138 of Negotiable Instruments consider whether it is exceptional was case of 20% of fine/compensation to said conclusion that it is to such conclusion must amount. be recorded". on hand, the impugned order of the learned disclose anything that the learned considered whether the cases in the exception or of sentence In the case 8. Court does not Appellate Appellate Court not? i.e., whether it warrants grant of suspension 3 2024 INSC 1046 6 without imposing the condition of deposit of 20% fine/compensation amount? of the 9, In those circumstances, the impugned order of the learned Appellate Court is set side and restored the application filed by the appellant U/s.389(1) Cr.P.C., corresponding to section 430 of BNSS before the Appellate Court. The petitioner/accused shall 10 (ten) days from such appearance, the application afresh and 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 above, the Criminal Petition stands dismissed without appear before the learned Appellate Court I the date of receip,t of copy of this order. On learned Appellate Court shall consider the dispose of the in as directed recourse to the Court. 10. Accordingly, the Criminal Petition is disposed of at the stage of admission. 7 As a sequel, miscellaneous applications pending, if any. Sd/- M PRABHAKAR RAO ASSISTANT REGISTRAR A //TRUE COPY// SECTION OFFICER 1. The III Additional District & Sessions Judge, Nellore, SPSR Nellore District 2. The Special Magistrate, Kavali, SPSR Nellore District 3. The Station House Officer, Kavali Rural Police Station, SPSR Nellore District 4. One CC to Sri Komara Prudhvi Raj Advocate [OPUC] 5. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh Amaravathi [OUT] 6. Three CD Copies To, at stu vna HIGH COURT DATED;27/01/2025 > V M t •r- .‘ A ' .4 ,•) » ORDER CRLP.No.697 of 2025 andTJ^ 5 2 7 JAN 2025 ^ . Current beciion , y/ o\ m; THF^??lnc CRIMINAL THE STAGE OF ADMISSION petition at