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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
B.V.L.N.Chakravarthi
Balineni Venkateswarlu, S/O.Tiruputaiah – Appellant
Versus
State Of Andhra Pradesh, Rep. By Its Public Prosecutor – Respondent
ORDER :
B V L N Chakravarthi, J.
The Criminal Petition is filed by the petitioner/accused U/s.528 of Bharatiya Nagarik Suraksha Sanhitha 2023, on behalf of the petitioner/accused to set aside the order dated 05.02.2025 passed in Crl.M.P.No.19 of 2025 in Criminal Appeal No.16 of 2025 on the file of learned III Additional District and Sessions Judge, Nellore.
2. Heard Sri N.Madhava Rao, 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 05.02.2025 in Crl.M.P.No.19 of 2025 under Section 430 of Bharatiya Nagarik Suraksha Sanhitha 2023, directed the petitioner to deposit 20% of the cheque amount within a period of two (02) months from the date of the order, while suspending the sentence of imprisonment awarded by the learned Magistrate. He would 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 P
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.
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 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 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 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 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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