1 APHC010707682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13462/2025 Between: 1. LOKIREDDY VENKATA KRISHNA REDDY, MANAGING PARTNER, BHADRADRI MILK LINE, AGED ABOUT 46 YEARSR/O. M.P.BANZAR VILLAGE, BURAGAM PAHAD MANDAL,KHAMMAM DISTRICT.PRESENTLY RESIDING AT C/O. MEDAGAM SUBBAREDDY,ADDANKI VILLAGE AND MANDAL. ...PETITIONER/ACCUSED AND 1. THE STATE OF AP, ,REP. BY ITS PUBLIC PROSECUTOR,THE HIGH COURT OF ANDHRA PRADESH. 2. MAREDDY MAHESWARA REDDY, ,S/O ANJI REDDY, AGED ABOUT 45 YEARS.CULTIVATION, R/O ADDANKI, ADDANKI MANDAL. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. CKR ASSOCIATES 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 18.12.2025 in 2 Crl.M.P.No.1067 of 2025 in Crl.A.No.165 of 2025 passed by the learned VII Additional District Judge, Prakasam at Ongole. 2. Heard the learned counsel for the Petitioner and learned Assistant Public Prosecutor representing the State/Respondent No.1. 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.389(1) Cr.P.C., 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 : 30.12.2025. ASR 4 THE HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No.13462 OF 2025 Dated : 30.12.2025 ASR