1 APHC010532692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No. 7643/2024 Between: P. SOMASEKHAR, S/o. DORASWAMY, AGED ABOUT 48 YEARS EMPLOYEE, RESIDING AT F-TYPE-1, RAMANAGAR QUARTERS, (TTD), OPP SVRRGG HOSPITAL, TIRUPATI. ...PETITIONER/ACCUSED AND 1. T RAVI DIED, REP.BY L.R. K. KORUKONDARUNASRI W/O LATE T. RAVI, AGED ABOUT 45 YEARS. RESIDING AT DOOR NO. 10-2- 448/A, KOTAKOMMALA STREET, TIRUPATHI. (COMPLAINANT) 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATI. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. MADHAVI PUNNA 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 modification of the order dated 06.09.2024 in 2 Crl.M.P.No.114 of 2024 in Criminal Appeal No.126 of 2024 passed by the learned V Additional District & Sessions Judge, Tirupati. 2. Heard Ms.Madhavi Punna, 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 a Coordinate Bench of 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 Appellate 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. In the case at hand, in the similar circumstances, the Petitioner / Accused was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act and was sentenced to pay fine of Rs.10,60,000/- within one month i.e., Rs.10,40,000/- to the Complainant and Rs.20,000/- as fine, in default to undergo simple imprisonment for one year. The learned Appellate Court, while suspending the sentence imposed against the Accused, ordered to deposit 20% of the compensation amount of Rs.10,40,000/- within sixty days and also to deposit the fine amount of Rs.20,000/-. Seeking 3 modification of the condition of deposit of 20% of the compensation, the Petitioner / Accused filed the present petition. 5. Considering the submissions made and following the Order passed by a Coordinate Bench of this Court in Criminal Petition No.5914 of 2024, dated 28.08.2024, this Criminal Petition is allowed, the impugned order of the learned Appellate Court is set side and the application filed by the appellant U/s.430(1) BNSS, before the Appellate Court, is restored. 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 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. 6. With the above observations, the Criminal Petition is allowed. Pending applications, if any, shall stand closed. __________________________________________ DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 09.10.2025. Dinesh 4 THE HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No.7643 OF 2024 Dated: 09.10.2025 Dinesh