APHC010087272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY ,THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1880/2025 Between: Muraharirao Surya Sundara Patnaik Simhagiri ...PETITIONER/ACCUSED AND Balaga Sridhara Rao and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1. T LAKSHMI NARAYANA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2. The Court made the following: ORDER: The instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed, by the Petitioner/ Accused, seeking quashment of the order dated 30.01.2025 in Crl.M.P.No.135 of 2024 in Crl.A.No.66 of 2024, on the file of II Additional District and Sessions Judge, Parvathipuram. 2. Heard Sri T.Lakshminarayana, learned counsel for the Petitioner and learned Additional Public Prosecutor representing the State/Respondent. 3. It is submitted by the learned counsel for the Petitioners and acceded to, by the learned Additional 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, this Criminal Petition is allowed. The impugned order of the learned Appellate Court is set side and restoring the application filed by the appellants U/s.389(3) Cr.P.C., corresponding to section 430 of BNSS before the Appellate Court. The petitioners/accused shall appear before the learned Appellate Court in 10 (ten) days from the date of receipt of 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. Pending applications, if any, shall stand closed. _________________________________________ DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date : 20.02.2025 MH 27 THE HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No.1880 OF 2025 Dated : 20.02.2025 MH