APHC010237112026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE FOURTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 3723/2026 Between: K MALLIKARJUNA RAO, S/O. SATYANARAYANA,AGED 54 YEARS, OCC CULTIVATION 85 BUSINESS,R/O.3-186, MEDARAMETLAV, KORISAPADUM,PRAKASAM DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITSPUBLIC PROSECUTOR, HIGH COURT, AMARAVATI 2. SIRIGIRI SURESH BABU, S/O. NAGESWARA RAOAGED 42 YEARS, OCC CULTIVATION,R/O. BODAWADAV, PARCHURM,PRAKASAM DISTRICT ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: SRINIVASULU KURRA Counsel for the Respondent/complainant(S): PUBLIC PROSECUTOR 2 Dr. YLR, J Crl.P.No.3723 of 2026 Dated 04.05.2026 The Court made the following: 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 02.04.2026 passed in Crl.M.P.No.1079 of 2026 in Crl.A.No.58 of 2026 on the file of the learned VIII Additional District Judge, Prakasam at Ongole. 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 petitioner is suffering from carcinoma and is facing financial difficulties; therefore, the petitioner is not in a position to comply with the order of the learned Appellate Court directing deposit of 20% of the cheque amount. 3 Dr. YLR, J Crl.P.No.3723 of 2026 Dated 04.05.2026 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. 6. Considering the entire facts and circumstances of the case, the impugned order dated 02.04.2026 passed in Crl.M.P.No.1079 of 2026 in Crl.A.No.58 of 2026 on the file of the learned VIII Additional District Judge, Prakasam at Ongole, is slightly modified. The petitioner is permitted to deposit 5% of the cheque amount within a period of eight 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: 04.05.2026 RSI 1 (2023) 10 SCC 446 4 Dr. YLR, J Crl.P.No.3723 of 2026 Dated 04.05.2026 142 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.3723 of 2026 Date: 04.05.2026 RSI