I 19^ m W IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI FRIDAY ,THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1900 OF 2025 Between: Muraharirao Surya Sundara Patnaik Simhagiri, S/o. Late Sankarayana, aged 52 years, R/o. Private Enclave, Vaibhav Nagar, Near Kommadi Junction, Madhurawada, Visakhapatnam. ...PETITIONER/APPELLANT/ACCUSED AND 1. Balaga Sridhara Rao, S/o. Late Sriramulu, Aged 42 years, R/o. Kannampeta Village, Mukkuva Mandal, Vizainagaram District, Presently ParvathipuramManyam District. ...RESPONDENT/RESPONDENT/COMPLAINANT 2. The State of Andhra Pradesh, Rep by Public Prosecutor, High Court of AP, At Amaravathi. ...RESPONDENT/RESPONDENT Petition under Section 528 of BNSS Act, 2023, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to set aside the Order dated 30-01-2025 passed in Memo in Crl.MP.No.134 of 2024 in Criminal Appeal No.68 of 2024 on the file of the II Additional District and Sessions Judge, Parvathipuram, in so far as directing the petitioner / appellant herein to deposit 20 % of the cheque amount within two months from the date of order and on such respondent / complainant is entitled with draw the said /! deposit the 1st amount, is concerned // / [ A, MO; 1 OF 2025 that in the xS <e' lili 482 of Cr.P.C., praying Grounds of Criminal Petifion x-y under Section stated in the Memorandum of be pleased to grant stay 30-01-2025 passed in Memo in Petition 4.; circumstances of all further proceedings in Crl.MP.No.134 the High Court may pursuant to the Order dated of 2024 in Criminal Appeal No.68 of 2024 on the file of the II Additional directing the in so far as the cheque amount within Judge, Parvathipuram, in to deposit 20 % of District and Sessions petitioner / appellant herein two months from / complainant is entitled the date of order and on such deposit the 1st respondent with draw the said amount, is is concerned. This Petition coming on for hearing, upon perusing the Memorandum Criminal Petition and upon hearing ina the arguments of Sri T % of Grounds of f and the Public Prosecutor (AP) on the Respondent No. 1 Court made the following order; S 1 I I The w »■ sS I r APHC010087282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY ,THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT DR JUSTICE VENKATA JYOTHIRMAI PRATAPA rPiMlNAL PETITION NO: 1900 OF 2025 3^ [3396] / THE HONOURABLE Between: Muraharirao Surya Sundara Patnaik Simhagiri AND ...PETITIONER/ACCUSED „.RESP0NDENT/C0MPLAINANT(S) Balaga Sridhara Rao and Others Counsel for the Petitioner/accused: 1. T LAKSHMI NARAYANA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: ORDER: of the Bharatiya Nagarik been filed, by the Petitioner/ 30.01.2025 passed in Memo in . 68 of 2024 on the file of the under Section 528 The instant petition Sanhita, 2023 (in short “BNSS.") has set aside the Order dated Suraksha Accused, to Cri.M.P.No.134 of 2024 in Criminai Appeal No Additional District and Sessions Judge, Parvathipuram. Court of the II u Heard Sri T. Lakshminarayana, learned counsel for the Petitioner_and Sri. C.P. Somayaji, learned Additional Public Prosecutor representing the State/Respondent. 3. It is 2. submitted by the learned counsel for the Petitioner and acceded to, learned Additional Public Prosecutor that the subject matter of this by the 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; ...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.59H 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(3) Cr.P.C., corresponding to section 430 of BNSS before the Appellate Court. The petitioner/accused shall appear before the learned Appellate Court in 10 (ten) days from the date of receipt of of this order. On such appearance, the learned Appellate Court shall 8. copy -- ' - afresh and dispose of the same as expeditiously as . Till then, the sentence imposed by ^ consider the application possible, preferably within seven (07) days stands suspended. If the petitioner/accused fails to the learned trial Court before the learned Appellate Court as stands dismissed without recourse to the Court. directed above, the Criminal appear Petition Pending applications, if any, shall stand closed. Sd/-B PRASADA RAO assistant registrar j //true COPY// SECTION OFFICER To and Sessions Judge, Parvathipuram , Advocate [OPUC] High Court of Andhra Pradesh at 1. The II Additional District 2. One 3. Two CCS to Public Prosecutor, Amaravathi. [OUT] CC id Sri. T Lakshmi Narayana 4. Three CD Copies vna \ HIGH COURT DATED:21/02/2025 ORDER CRLP.No.1900 of 2025 0 7 m 2175 1 . Current Section t DISPOSING OF THE CRIMINAL PETITION 1 ?«