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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATL
B V L N Chakravarthi
Mulpuri Venkata Ramana Reddy, S/o. Seetha Rami Reddy – Appellant
Versus
State of Andhra Pradesh, Rep by its Public Prosecutor – Respondent
ORDER:
B V L N Chakravarthi, J.
This Criminal Petition is filed by the petitioner/Accused, under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the order dated 24.10.2024 passed in Crl.M.P.No.554 of 2024 in Criminal Appeal No.199 of 2024 on the file of learned II Additional District & Sessions Judge, Guntur.
2. Heard Smt.Marella Radha, learned counsel for the petitioner and learned Additional Public Prosecutor representing the State.
3. Learned counsel for the petitioner would submit that learned Sessions Judge in the appeal against the conviction for the offence punishable under Section 138 of Negotiable Instruments Act passed the impugned order dated 24.10.2024 in Crl.M.P.No.554 of 2024 under Section 430 (1) of BNSS 2023, directed the petitioner to deposit 20% of the cheque amount, as ordered by the learned Trial Judge within 60 days from the date of the order, while suspending the sentence of imprisonment awarded by the learned Magistrate. He would further submit that the order of the learned Sessions Judge is not in accordance with Jamboo Bhandari v. MP State Industrial Development Corporation Ltd' s case.
4. The learned Additional Public Prosecutor takes notic
Appellate courts must specify reasons when imposing deposit conditions under Section 148 of the Negotiable Instruments Act, especially when considering exceptional circumstances for suspension of sen....
The Appellate Court must evaluate whether an exceptional case exists before imposing deposit conditions on suspension of sentence, recording reasons if an exception is applicable.
The appellate court has the discretion to waive the 20% deposit requirement under Section 148 of the NI Act if justified by exceptional circumstances.
The appellate court must evaluate if a case is exceptional to waive the mandatory 20% deposit under Section 148 of the Negotiable Instruments Act.
The Appellate Court must consider exceptional circumstances when imposing a deposit requirement under Section 148 of the Negotiable Instruments Act, requiring specific reasons for its decision.
The Appellate Court must consider exceptional circumstances before imposing a deposit requirement under Section 148 of the Negotiable Instruments Act.
Suspension of sentence – Direction to deposit 20% of compensation amount ordered by Trial Judge must be supported by reasons.
The appellate court has discretion under Section 148 of the NI Act to impose a deposit condition, but must consider exceptions and provide reasons when waiving such conditions.
The imposition of a 20% deposit under Section 148 of the N.I. Act is customary but not obligatory; exceptions can be made if justified.
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