1 APHC010584362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11378/2025 Between: 1. AKULA ALIVELU MANGA THAYARU, W/O. SRINIVASA RAO, AGED ABOUT 52 YEARS,DOORNO.7-5-1/57/28, SAGAR VIHAR APARTMENTS, RK. BEACH, VISAKHAPATNAM 530002 ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT OF AP, AMARAVATHI 2. NALLAMALLA RAJESWARI, W/O. N. BABU RAO, AGED ABOUT 45 YEARS, R/O DOOR NO. 11-25-7, AJEEMA ROAD, GAJUWAKA, AND VISAKHAPATNAM ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. KAKUMANU JOJI AMRUTHA RAJU Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The instant petition under Section 528 of the BNSS has been filed, by the Petitioner/Accused, seeking quashment of the order dated 05.08.2025 in 2 Crl.M.P.No.1051 of 2025 in Criminal Appeal No.306 of 2025 passed by the learned XIII Additional District & Sessions Judge, Visakhapatnam at Gajuwaka. 2. Heard Sri Kakumanu Joji Amrutha Raju, learned counsel for the Petitioner and Ms.Priyanka Lakshmi, learned Assistant Public Prosecutor for the State. 3. It is submitted by the learned counsel for the Petitioner and acceded to, by the learned Assistant Public Prosecutor that the subject matter of this Criminal Petition is squarely covered by the Order passed by this Court vide Criminal Petition No.5914 of 2024, dated 28.08.2024, wherein it is held as follows; “8. …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 considers an application filed U/s.389(3) Cr.P.C. corresponding to Section 430 of BNSS by the drawer of the cheque (accused), who was 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.” 4. Considering the submissions made and following the Order passed by this Court in Criminal Petition No.5914 of 2024, dated 28.08.2024, the impugned order of the learned Appellate Court is set side and restored the application filed by the appellant U/s.430 BNSS, before the Appellate Court. The petitioner/accused shall appear before the learned Appellate Court within 10 (ten) days from the date of receipt of a copy of this order. On such 3 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 then, the sentence imposed by the learned trial Court stands suspended. 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. 5. Accordingly, the Criminal Petition is allowed. Pending applications, if any, shall stand closed. __________________________________________ DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date : 04.11.2025. Asr 4 THE HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No.11378 OF 2025 Dated : 04.11.2025 Asr