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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
B.V.L.N.CHAKRAVARTHI
Mekala Sudha Prameela Kantha @ Jangam Sudha Prameela Kantha, @ Jangam Sudha Prameela Kantha W/o Satyam – Appellant
Versus
State – Respondent
ORDER :
1. Sri K.K. Durga Prasad, learned counsel for the petitioner, argued that the present petition is filed under Section 482 of the Code of Criminal Procedure and Section 528 of BNSS , 2023, on behalf of the petitioner/accused to modify or set aside the order dated August 30, 2024, in Criminal Petition No. 314 of 2024 in Criminal Appeal No. 147 of 2024, which is currently pending before the learned IX Additional District and Sessions Judge, East Godavari, at Rajamahendravaram.
2. The learned counsel for the petitioner further states that the petitioner was convicted by the learned Magistrate in C.C No. 557/2021 for the offence under Section 138 of the Negotiable Instruments Act, 1881, as per the judgment dated April 15, 2024, on the file of VII Additional Judicial Magistrate of the First Class, Rajamahendravaram. The learned Magistrate sentenced the petitioner to undergo simple imprisonment for one year and to pay a compensation of Rs.10,00,000/- (Rupees Ten Lakhs only), which is the amount of the cheque, in default, to undergo simple imprisonment for three (03) months. Subsequently, the petitioner filed Criminal Appeal No. 147 of 2024 on the file of the learned IX Additiona
The modification of conditions for suspension of sentence highlights the principle that accused typically seek relief without conditions, and the court must determine applicability under exceptions.
Dishonour of cheque – Suspension of sentence – Appellate Court has discretion not to order deposit of 20% of amount under Section 148 of Negotiable Instruments Act in appropriate and exceptional case....
Appellate courts must recognize exceptional circumstances for modifying deposit conditions in suspension of sentence requests under Criminal Procedure.
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.
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