APHC010554282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10793/2025 Between: 1. SMT SHAIK NAZEERA BHARATHI,, W/O. NOOR KHAN, MUSLIM, AGED ABOUT YEARS, R/O. D.NO.23-27-8, SOLDIERPETA, I TOWN AREA, VISAKHAPATNAM. VISAKHAPATNAM DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ADDL. PUBLIC PROSECUTOR, VISAKHAPATNAM, HIGH COURT OF JUDICATURE OF ANDHRA PRADESH, AMARAVATHI. 2. MEDAPATI ESWARA REDDY, W/O. KALAM REDDY, HINDU, AGED 58 YEARS, R/O. DOOR NO.22-4-3, YELLAMMATHOTA NEAR JAGADAMBA JN., VISAKHAPATNAM. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. K SAIRAM MURTHY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10793/2025 ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the petitioner/appellant, seeking quashment of the docket Order dated 29.07.2025, passed by the learned XII Additional District and Sessions Judge, Visakhapatnam in Crl.M.P.No.73 of 2025 in Crl.A.No.107 of 2025. 2. Heard Sri K.Sairam Murthy, learned counsel for the petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioner would submit that the petitioner was convicted for the offence under Section 138 of Negotiable Instruments Act in C.C.No.2711 of 2022. Aggrieved thereby, she preferred Crl.A.No.107 of 2025 which is pending on the file of XII Additional District and Sessions Judge, Visakhapatnam, wherein the Appellate Court directed the petitioner to deposit 20% of the compensation amount to suspend the sentence of imprisonment imposed against her. The petitioner for various difficulties and family issues, could not pay that amount within the stipulated time frame. When the petitioner has come up with the plea to permit her to deposit the amount as directed by the Appellate Court, the Appellate Court dismissed her petition, directing her to surrender before the Trial Court and move a fresh petition for 3 suspension of sentence of imprisonment imposed against her. Learned counsel for the petitioner would further submit that when the matter is seized before the Appellate Court, the question of suspending the sentence of imprisonment by the Trial Court does not arise. Learned counsel for the petitioner would further submit that the petitioner has good grounds to succeed in the appeal. Learned counsel finally submits that the petitioner may be permitted to comply with the condition imposed by the learned Appellate Court since she is ready to obey such condition. 4. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate Orders. 5. Considering the submissions made, the petitioner is permitted to comply with the condition imposed by the Appellate Court regarding the depositing of 20% of compensation amount by 24.10.2025. On depositing of such amount, learned Appellate Judge shall take sureties for the appearance of the petitioner and suspend the sentence of imprisonment. 6. With the above said observations, this Criminal Petition is disposed of. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 17.10.2025. Note: Issue CC today, B/o. UPS 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10793/2025 Dated.17.10.2025 Note: Issue CC today, B/o. UPS 20