APHC010203992026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 3062/2026 Between: 1. BIRUDURAJU SESHU BABU, S/O. VENKATA SUBBAIAH,AGED ABOUT 47 YEARS, OCC BUSINESS,R/O.D.NO.37-1-406/10, OPPLIC OF INDIA,TRUNK ROAD, ONGOLE - 523001, PRAKASAM DISTRICT. 2. M/S BIRUDURAJU AUTOMOBILES, ONGOLE,REP. BY ITS MANAGING PARTNER BIRUDURAJU SESHU BABU,S/O. VENKATA SUBBAIAH, AGED ABOUT 47 YEARS,R/O.D.NO.37-1-406/10, OPPLIC OF INDIA,TRUNK ROAD, ONGOLE - 523001, PRAKASAM DISTRICT ...PETITIONER/ACCUSED(S) AND 1. VEERAGANDHAM SRINIVASA RAO, S/O.VENKATESWARLU AGED ABOUT 57 YEARS, R/O. MANGAMUR ROAD,ONGOLE - 523002, PRAKASAM DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF A.P., AMARAVATI. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): B V ANJANEYULU Counsel for the Respondent/complainant(S): PUBLIC PROSECUTOR 2 Dr. YLR, J Crl.P.No.3062 of 2026 Dated 17.04.2026 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 24.03.2026 passed in Crl.M.P.No.75 of 2026 in Crl.A.No.50 of 2026 on the file of the learned VIII Additional District Judge, Prakasam at Ongole. 2. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. 3. Issuance of notice to Respondent No. 1 is not required, inasmuch as the order is between the learned Appellate Court and the petitioners. 4. In the impugned order dated 31.03.2026 in Crl.M.P.No.108 of 2026 in Crl.A.No.75 of 2026 in Crl.A.No.50 of 2026, the learned Appellate Court has granted time for depositing 20% of the cheque amount within a period of one week. Originally, under the order passed in Crl.A.No.75 of 2026, the learned Appellate Court granted only one week’s time. The learned counsel for the petitioners submits that both the initial and subsequent orders of the learned Appellate Court are against the spirit of Section 148(2) of the Negotiable Instruments Act, 1881, which enables the learned Appellate 3 Dr. YLR, J Crl.P.No.3062 of 2026 Dated 17.04.2026 Court to grant up to sixty days. No convincing reasons have been assigned by the learned Appellate Court for granting only one week’s time. 5. Considering the entire facts and circumstances of the case, the order dated 31.03.2026 in Crl.M.P.No.108 of 2026 in Crl.A.No.75 of 2026 in Crl.A.No.50 of 2026, passed by the learned VIII Additional District Judge, Prakasam at Ongole, is slightly modified. The petitioners are permitted to deposit 20% of the cheque amount within a period of four 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 by furnishing sufficient surety to the satisfaction of the learned Trial Court. 6. 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: 17.04.2026 RSI 4 Dr. YLR, J Crl.P.No.3062 of 2026 Dated 17.04.2026 150 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.3062 of 2026 Date: 17.04.2026 RSI