IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] WEDNESDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL REVISION CASE NO: 112/2025 Between: Gandreddi Arjuna Rao ...PETITIONER A N D Ponnaganti Seetaiah and another ...RESPONDENT(S) Counsel for the Petitioner: 1. K.J.V.N.PUNDAREEKAKSHUDU Counsel for the Respondent(S): 1. 2. PUBLIC PROSECUTOR The Court made the following: 2 O R D E R: This Criminal Revision Case was filed by the petitioner herein/accused, against the Order dated 19.12.2024 passed in Crl.M.P.No.161 of 2024 in Criminal Appeal No.68 of 2024 by the learned Sessions Judge, Mahila Court – cum – VI Additional District Judge, Visakhapatnam (for brevity ‘learned Sessions Judge’) suspended the sentence subject to deposit of 25% of the compensation amount of Rs.3,75,000/- i.e. Rs.93,750/-, in C.C.No.506 of 2023 on the file of the learned V Special Magistrate, Visakhapatnam, within a period of fifteen days. 2. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor representing the State/ respondent No.2. 3. The respondent No.1 herein/complainant filed C.C.No.506 of 2023 on the file of the learned V Special Magistrate, Visakhapatnam against the petitioner herein/ accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for brevity ‘the NI Act’). The learned V Special Magistrate, Visakhapatnam, after full-fledged trial, convicted the petitioner herein/accused of the offence punishable under Section 138 of the NI Act in terms of Section 3 255 (2) of the Code of Criminal Procedure, 1973 (for brevity ‘CrPC’) and sentenced him to undergo simple imprisonment for a period of six (06) months and to pay compensation of Rs.3,75,000/- to the respondent No.1 herein/complainant under Section 357 (3) CrPC. 4. Aggrieved by the said conviction and sentence, the petitioner herein/accused preferred appeal before the learned Sessions Judge vide Criminal Appeal No.68 of 2024. The petitioner herein/accused also filed Crl.M.P.No.161 of 2024 on the file of the learned Sessions Judge under Section 430 (1) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘BNS’), praying for suspension of execution of sentence imposed by the trial Court in C.C.No.506 of 2023. The learned Sessions Judge, having regard to the facts and circumstances of the appeal and also considering the judgment of the Hon’ble Supreme Court in Surinder Singh Deswai vs. Virender Gandhi1 suspended the execution of sentence with a direction, which is extracted hereunder: “5. For the foregoing reasons, execution of sentence and payment of compensation is suspended till next date subject to deposit of 25% of compensation 1 2019 (11) SCC 341. 4 amount of Rs.3,75,000/-, as such, the petitioner is directed to pay 25% of the said amount which comes to Rs.93,750/- (Rupees ninety three thousand seven hundred and fifty only) in the trial Court within a period of 15 days from the date of this Order and further, the petitioner has to execute a personal bond for Rs.10,000/- with two sureties for a likesum each to the satisfaction of the learned V Special Magistrate at Visakhapatnam.” 5. Aggrieved by the said Order, the petitioner herein/accused preferred the present Criminal Revision Case. 6. Learned counsel for the petitioner herein/accused would contend that the direction to deposit 25% of compensation amount in order to suspend the sentence pending disposal of Criminal Appeal, is not mandatory and it is only discretionary. He submits that the petitioner herein/accused is eking out his livelihood by doing fruit selling business and he has no capacity to deposit 25% of the compensation amount before the trial Court. Hence, the Criminal Revision Case. 7. Heard. Perused the record. 8. In view of the submission made by the learned counsel for the petitioner herein/accused and having regard to the facts and circumstances of the case, the condition directing 5 the petitioner herein/accused to deposit 25% of the compensation amount of Rs.3,75,000/-, is modified and the petitioner shall deposit 15% of the cheque amount of Rs.3,00,000/-, within a period of fifteen (15) days from the date of receipt of copy of this Order. The rest of the conditions, imposed by the learned Sessions Judge, shall remain unaltered. 9. With the above said modification, the Criminal Revision Case is disposed of. As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Revision Case shall stand closed. JUSTICE K. SREENIVASA REDDY 12th February, 2025. DNB