APHC010503342026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY, THE 23rd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 1116/2026 Between: 1. N RAM PRASAD, S/O KRISHNA MURTHY,AGED ABOUT 55 YEARS, D.NO. 40-1-112,CHANDRABABU NAIDU COLONY, BENZ CIRCLE,VIJAYAWADA, NTR DISTRICT. ...PETITIONER AND 1. HINDUSTAN PETROLEUM CORPORATION LIMITED, REP. BY ITS DEPUTY GENERAL MANAGER / GPA HOLDER,SRI P. RAVI SANKAR, AGE 54 YEARS, TADEPALLI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, ,REP. BY PUBLIC PROSECUTOR, HIGH COURT OF ANDHRAPRADESH. ...RESPONDENT(S): Counsel for the Petitioner: 1. SATYANARAYANA DHARA Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR The Court made the following: 2 ORDER: The Criminal Revision Case has been filed under Sections 397 and 405 of the Code of Criminal Procedure, 1973 (for brevity, ‘the Cr.P.C’)/Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’), questioning the order dated 07.07.2026 passed in Crl.M.P.No.147 of 2026 in Crl.M.P.No.116 of 2026 in Crl.A.No.168 of 2026 on the file of the learned VII Additional District and Sessions Judge, Vijayawada, whereby the petition filed seeking relaxation of the condition of depositing 20% of the cheque amount was dismissed. 2. Heard the learned Counsel for the Petitioner and the learned Assistant Public Prosecutor. 3. Issuance of notice to Respondent No.1 is not required, inasmuch as the impugned order relates to deposit of 20% of the cheque amount within a stipulated time. 4. The learned Counsel for the Petitioner submits that the financial condition of the Petitioner is deplorable and he is unable to comply with the conditions imposed by the learned Appellate Court directing deposit of 20% of the cheque amount. 5. In this regard, it is apposite to refer judgment of the Hon’ble Apex Court wherein at Jamboo Bhandari v. M.P. SIDC Ltd1 at Paragraph Nos.7 to 10, it is held that the court under exceptional cases may grant suspension of sentence without imposing the condition of deposit of 20% of the fine/compensation amount/cheque amount. 1 (2023) 10 SCC 446 3 6. Considering the entire facts and circumstances of the case, the impugned order dated 07.07.2026 passed in Crl.M.P.No.147 of 2026 in Crl.M.P.No.116 of 2026 in Crl.A.No.168 of 2026 on the file of the learned VII Additional District and Sessions Judge, Vijayawada, is hereby set aside. The Petitioner is permitted to deposit 10% of the cheque amount within a period of two (02) weeks from the date of receipt of the copy of this order. On such deposit, Respondent No.1 is at liberty to withdraw the same upon furnishing sufficient surety to the satisfaction of the learned Trial Court. 7. In the result, the Criminal Revision Case is disposed of. As a sequel, miscellaneous petitions, if any pending shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 23.09.2026 BMS