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B. V. L. N. CHAKRAVARTHI
Chilakala Sreenivasulu – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER
This Criminal Petition is filed by the petitioner/Accused, under Section 482 of Code of Criminal Procedure, 1973, for quash of the order dated 26.07.2024 in Crl.M.P.No.212 of 2024 in Crl.A.No.51 of 2024 passed by the learned III Additional District & Sessions Judge, Nandyal, Kurnool District.
2. Heard learned counsel for the petitioner and learned Assistant 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 26.07.2024 in Crl.M.P.No.212 of 2024 under Section 389(3) Cr.P.C., directed the petitioner to deposit 20% of the compensation amount ordered by the learned Trial Judge within a period of one (01) month 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 Assistant Public Prosecutor takes notice for the State and would submit that the
Suspension of sentence – Direction to deposit 20% of compensation amount ordered by Trial Judge must be supported by reasons.
The Appellate Court must consider exceptional circumstances before imposing a deposit requirement under Section 148 of the Negotiable Instruments Act.
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 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 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 has the discretion to waive the 20% deposit requirement under Section 148 of the NI Act if justified by exceptional circumstances.
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.
A speaking order is necessary for imposing the condition to deposit 20% of the compensation for suspending the sentence, as per the principle laid down by the Apex Court in Jamboo Bhandari v. M.P. St....
The court upheld the imposition of a 20% pre-deposit condition pending appeal under Section 148 of the Negotiable Instruments Act, emphasizing its necessity for expediting resolutions in cheque disho....
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