IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE FOURTEENTH DAY OF FEBRU TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL PETITION No.151« nf Between: Pitani Naga Satish, S/o. Nagabhushanam, aged 42 years, PB.No.8, 0pp. Head Post office, Tadepalligudem, West Godavari District. ...Petitioner/Appellant/Accused AND 1. The State, Rep. by Public Prosecutor, High Court of Andhra Pradesh Amaravati. 2. P. Srinivas, S/o. Krishnayya Nallakulavaripalem, Peravali Mandal, West Godavari District. aged 50 years, H.No.1-46, 3. The State, represented by its Additional Public Prosecutor, West Godavari District. Tanuku ...Respondents/ Respondents/Complainants Petition under Section 528 of BNSS Act praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Modify or set aside the order dated 21-01- 2025 passed in Crl.M.P.No.917/2024 in Cri.A.No.795/2023 on the fiie of IV Additional Sessions Judge, Tanuku, West Godavari District “imposing a condition to deposit 20% of the compensation amount before to the extent of % the trial court till 23-02-2025 in the light of Hon'ble Apex Court judgment reported in 2024 INSC 1046 Muskan Enterprises and another v State of Punjab and another and judgment rendered in CrI.P.No.7676/2024, dated 06-01-2025 by this Hon’ble Court. I.A. NO: 1 OF 2025 Petition under Section 528 of BNSS Act praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay the order dated 21-01-2025 passed in CrI.M.P.No.917/2024 in Crl.A.No.795/2023 on the file of IV Additional Sessions Judge, Tanuku, West Godavari District to the extent of “imposing a condition to deposit 20% of the compensation amount before the trial court till 23-02-2026; pending disposal of the above Criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K.K. Durga Prasad, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent Nos.1 & 3 and None Appeared for the Respondent No.2. The Court made the following: APHC010070512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] FRIDAY, THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL PETITION NO: 1518/2025 Between: 1.PITANI NAGA SATISH, S/O. NAGABHUSHANAM. AGED 42 YEARS, PB.N0.8, OPPHEAD POST OFFICE, TADEPALLIGUDEM, WEST GODAVARI DIST. ...PETITIONER/ACCUSED AND 1.THE STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATI. 2.P SRINIVAS, S/O. KRISHNAYYA, AGED 50 YEARS, PERAVALI H.NO.1-46, MANDAL, WEST GODAVARI DISTRICT. NALLAKULAVARIPALEM 3.THE STATE, REPRESENTED BY ITS ADDL. PUBLIC PROSECUTOR, TANUKU, WEST GODAVARI DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1.KKDURGA PRASAD Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 2 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI CRIMINAL PETITION N0.1518 OF 2025 ORDER: This Criminal Petition is filed by the petitioner/accused under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to modify or set aside the order dated 21.01.2025 passed in Crl.M.P.No.917 of 2024 in Crl.A.No.233 of 2024 on the file of the learned IV Additional Sessions Judge, Tanuku, West Godavari District. Heard Sri K.K.Durga Prasad, learned counsel for the 2. petitioner. Learned Additional Public Prosecutor representing the 3. State takes notice for the State/respondent. This petition is filed challenge the order dated 21.01.2025 in Crl.M.P.No.917 of 2024 in Crl.A.No.233 of 2024 on the file of the learned IV Additional Sessions Judge, Tanuku, West Godavari District under Section 430 of BNSS to suspend the judgment dated 18.10.2024 in C.C.No.795 of 2023 on the file of learned I Addl.Junior Civil Judge-cum-l Addl.Judl.Magistrate of The learned Magistrate under the impugned judgment convicted the accused/petitioner and sentenced him to undergo simple imprisonment for a period of 4. First Class at Tanuku. 3 if one year and to pay fine of Rs.4,62,000/- and awarded the entire fine amount as compensation to the complainant. Thereupon, the petitioner preferred Crl.A.No.233 of 2024 challenging the Judgment of the learned Magistrate and filed the impugned petition under Section 430 of BNSS to suspend the sentence pending appeal. The learned Sessions Judge vide order dated 21.01.2025 ordered suspension of sentence on the condition of depositing 20% of the cheque amount on or before 23.02.2025. 5. The contention of the petitioner is that he is not in a position to deposit 20% of the amount, as presently he has no avocation, since he was terminated from service. Considering the facts and circumstances of the case and in view of the judgment of the Hon’ble Apex Court in the case of Jamboo Bhandari Vs. M.P.State Industrial Development Corporation Limited and Others\ this Court is of the considered opinion that the condition imposed by the learned Sessions Judge to deposit 20% of the cheque amount requires modification. Accordingly, the said condition is modified, directing the petitioner to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) within four (04) weeks from the dated of this order, instead of 20% of the cheque amount as ordered by the learned Sessions Judge. 6. 2023 LiveLaw (SC) 776 % 4 7. Accordingly, the criminal petition is allowed by modifying the order of the learned Sessions Judge that instead of 20% ordered by the learned Sessions Judge, petitioner is directed to deposit Rs.50,000/- (Rupees Fifty Thousand only) within four (04) weeks from the date of this order before the learned trial Court. Till then, the sentence imposed by the learned trial Court stands suspended. If the petitioner/accused fails to deposit Rs.50,000/- (Rupees Fifty Thousand only) before the learned trial Court directed above, the Criminal Petition stands dismissed without recourse to the Court. as 8. Accordingly, the Criminal Petition is disposed of at the stage of admission. As a sequel, interlocutory applications pending, if any, shall stand closed. Sd/- N NAGAMMA ASSISTANT REGISTRAR 3 //TRUE COPY// seCTon officer To 1. The IV Additional Sessions Judge, Tanuku, West Godavari 2. Two CCs to the Public Prosecutor Amaravathi [OUT] 3. One CC to Sri K K Durga Prasad, Advocate [OPUC] 4. Three CD Copies District High Court of Andhra Pradesh TK sree HIGH COURT DATED:14/02/2025 ORDER CRLP.No.1518 of 2025 g 25 MAR 2025 Current Section DISPOSING OF THE CRIMINAL PETITION