IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL REVISION CASE NO: 189 OF 2025 Between: Mallula Gangisetti, S/o Vishnu Murthy, Aged 50 years, Occ Employee R/o Gopalapuram Village Iragavaram Mandal, West Godavari District ...Petitioner/Accused AND 1. The State of Andhra Pradesh, rep., by its Public Prosecutor High Court, Amaravathi. 2. Ramadasu Trimurthulu, S/o Asirayya, Aged about 50 years, R/o.D.No.2-20-30 Old Town, Tanuku, Tanuku Mandal, West Godavari District. ...Respondents/Defecto Complainant Revision filed under Section 442, 438 of BNSS praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court may be pleased to allow the Criminal Revision Case by setting aside the Order, dated 06.01.2025 made in Crl.M.P.No.3598 of 2024 in C.C.No.134 of 2023 on the file of the Court of Special Magistrate, Tanuku lA NO: 1 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in-pursuance of the Order, dated 06.01.2025 made in Crl.M.P.No.3598 of 2024 in C.C.No.134 of 2023 on the file of the Court of Special Magistrate, Tanuku. Counsel for the Petitioner: SRI VALLURU CHETAN SUSHEEL Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following ORDER: APHC010070092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special OriginalJurisdiction) [3327] THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL REVISION CASE N0.189 OF 2025 Between: ...PETITIONER Mallula Gangisetti AND ...RESPONDENT(S) The State of Andhra Pradesh and another Counsel for the Petitioner: 1.VALLURU CHETAN SUSHEEL Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR The Court made the following ORDER: This Criminal Revision Case has been filed against the docket order dated 06.01.2025 passed in CrI.MP No.3958 of 2024 in CC No.134 of 2023 by the learned Special Magistrate, Tanuku. Petitioner herein is accused in CC No.134 of 2023 on the file of the learned Special Magistrate, Tanuku. By judgment 2. 2 dated 10.10.2024, the learned Magistrate found the petitioner herein guilty of the offence under Section 138 of the Negotiable Instruments Act and, accordingly, convicted and sentenced him to undergo simple imprisonment for a period of ten (10) months and to pay fine of Rs.25,000/-, in default to undergo simple imprisonment for a period of two (2) months. The petitioner herein was further directed to pay compensation of Rs.5,00,000/- to the complainant under Section 357(3) Cr.P.C. Against the said conviction and sentence, the petitioner herein preferred Criminal Appeal No.227 of 2024 on the file of the learned IV Additional Sessions Judge, Tanuku. He also filed CrI.MP No.881 of 2024 in the said Criminal Appeal for suspension of sentence. By an order dated 06.11.2024, the learned Sessions Judge allowed the said petition and the execution of sentence of imprisonment passed by the learned Special Magistrate, Tanuku, dated 10.10.2024 in CC No. 134 of 2023 alone was suspended till disposal of the appeal on the same terms and conditions imposed by the learned Special Magistrate, Tanuku, while directing the petitioner herein to deposit 20% of the cheque amount with the trial Court within 60 days from the date of the order upon due intimation to the said Court. Thereafter, since the petitioner could not comply with the 3 said condition imposed by the learned Sessions Judge within the stipulated time,, the learned Magistrate, vide docket order dated 06.01.2025, ordered to issue NBW against the petitioner herein. Against which, the present Crl.RC has been filed. Learned counsel for the petitioner/accused submits that as 3. the petitioner/accused could not comply with the condition imposed by the learned Sessions Judge, the learned Magistrate ordered to issue NBW against the petitioner and the petitioner is ready to deposit the amount as directed by the learned Sessions Judge within a period of two (2) weeks. Since the petitioner/accused has agreed to deposit the amount imposed by the learned Sessions Judge within a period of two (2) weeks, this Court is inclined to allow the Criminal 4. Revision Case. Accordingly, the Criminal Revision Case is allowed and the impugned docket order dated 06.01.2025 passed in CrI.MP No.3598 of 2024 in CC No.134 of 2023 by the learned Special Magistrate, Tanuku, is set aside. The petitioner herein/accused is directed to appear before the learned Magistrate within a period of two (2) weeks from the date of receipt of a copy of this order and make appropriate application, under Section 72(2) of the 5. 4 Bharatiya Nagarik Suraksha Sanhita, 2023, before the trial Court for recalling of NBW issued against him and, on making such application, the learned Magistrate shall consider the same and recall the NBW issued against the petitioner herein, on such terms and conditions, in accordance with law, on the same day. As a sequel thereto, the miscellaneous petitions, if any pending in this Criminal Revision Case, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SE FFICER To, 1. The Special Magistrate, Tanuku, West Godavari District, (records if any) 2. The IV Additional Sessions Judge, Tanuku, West Godavari District. 3. One CC to Sri Valluru Chetan Susheel, Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh, Amaravati [OUT] 5. The Section Officer, Criminal Section, High Court of Andhra Pradesh at Amaravathi. 6. Three CD Copies SD sree 7# HIGH COURT DATED:13/02/2025 ORDER CRLRC.No.189 of 2025 andh^% o 2'»FEB X Current ★ ALLOWING THE CRL.R.C.