1 Dr.YLR, J Crl.P.No.3957 of 2026 Dated 05.05.2026 APHC010248502026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 3957/2026 Between: 1. GOGULA VENKATESWARA RAO, S/O.VENKATESH, AGED ABOUT 79 YEARSR/O.TEACHERS COLONY,HUZUR NAGAR TOWN MANDAL,SURYAPET DISTRICT, TELANGANA DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTORHIGH COURT BUILDINGS,AT VELAGAPUDI, AMARAVATHI,GUNTUR DISTRICT. 2. KALANGI EDUKONDALU, S/O.SUBBAIAH, AGED ABOUT 53 YEARSOCCBUSINESS,R/O.PIDUGURALLA TOWN MANDAL,PALANADU DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. SAI GANGADHAR CHAMARTY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 2 Dr.YLR, J Crl.P.No.3957 of 2026 Dated 05.05.2026 ORDER: The Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for brevity, ‘the Cr.P.C’)/Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’), seeking to quash the condition of depositing 20% of the cheque amount imposed in the order dated 12.01.2026 passed in Crl.M.P.No.310 of 2024 in Crl.A.No.140 of 2024 on the file of the learned X Additional District and Sessions Judge, Gurazala. 2. Heard the learned Counsel for the Petitioner and the learned Assistant Public Prosecutor. 3. Issuance of notice to Respondent No.2 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 that he is aged about 79 years and is unable to comply with the condition 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 1 (2023) 10 SCC 446 3 Dr.YLR, J Crl.P.No.3957 of 2026 Dated 05.05.2026 sentence without imposing the condition of deposit of 20% of the fine/compensation amount/cheque amount. 6. Considering the entire facts and circumstances of the case, the impugned order dated 12.01.2026 passed in Crl.M.P.No.310 of 2024 in Crl.A.No.140 of 2024 on the file of the learned X Additional District and Sessions Judge, Gurazala, is slightly modified. The Petitioner is permitted to deposit 10% of the cheque amount within a period of four (04) weeks from the date of receipt of the copy of this order. On such deposit, Respondent No.2 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 Petition is disposed of. As a sequel, miscellaneous petitions, if any pending shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 05.05.2026 KMS 4 Dr.YLR, J Crl.P.No.3957 of 2026 Dated 05.05.2026 167 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.3957 of 2026 Date: 05.05.2026 KMS