Order:

This Criminal Petition, under Section 482 CrPC, is filed against the order dated 22.02.2024 passed in Crl.MP No.446 of 2023 in Criminal Appeal No.108 of 2023 by the learned I Additional Metropolitan Sessions Judge, Visakhapatnam.

2. Today, when the matter came up for admission, it is represented by the learned counsel for the petitioner and acceded to, by the learned Assistant Public Prosecutor that the subject matter of this Criminal Petition is squarely covered by the order passed by this Court in Criminal Petition No.3048 of 2023, dated 08.01.2024, wherein this Court held thus.

“12. In the present case, since there is a serious dispute about the legality of the judgment passed by the trial Court while the order of stay was in force and the same is yet to be decided, the appellate Court is expected to give reasons as to why in spite of such ground taken in appeal, it is required to deposit the amount under Section 148 of the Act. But, the appellate Court in its brief order, merely by referring to Section 148(1) of the Act, directed the petitioner to deposit 20% of the compensation amount ordered by the trial Court. It is pertinent to mention the relevant portion of the order at paragraphs No.6 & 7 which are as follows:

“6. In view of Amendment of Negotiable Instruments (Amendment) Act, 2018 (No.20 of 2018), dated 2.8.2018, Negotiable Instruments (Amendment) Act, 2015 (Act No.26 of 2015) (w.e.f 15.6.2015) under Section 148(1), Appellate Court has power to order payment pending appeal against conviction, since section reads “Notwithstanding anything contained in the Code of Criminal Procedure, 1973, in an appeal by the drawer against conviction under Section 138, appellate Court may order appellant to deposit such sum which shall be a minimum of twenty percent of the fine or compensation awarded by the trial Court”. Considering the same, sentence alone imposed by trial Court is suspended. 7. In the result, petition is allowed by suspending the operation of sentence alone till disposal of the main appeal as imposed by the trial Court subject to deposit of 20% of the compensation amount into trial Court i.e.,20% out of Rs.70,00,000/- on or before 27.04.2023. Failing which, the appellate Court will proceed as per law.”

13. Therefore, it is apparent that the appellate Court has failed to give reasons in support of its order and probably under the impression that it is mandatory to direct deposit of amount, passed the impugned order. Time and again, the Constitutional courts held that giving reasons is the backbone of an order for its sustenance. Yet, there are many instances where Courts fail to record reasons making the order under challenge vulnerable for interference.

14. As such, for the above reasons, the impugned order needs to be set aside directing the appellate Court to dispose of the petition afresh. 15. In the result, the Criminal Petition is allowed. The order, dated 27.03.2023, passed in Crl.M.P.No.22 of 2023 in Criminal Appeal No.66 of 2023 is set aside and the appellate Court is directed to dispose of the petition afresh giving reasons.”

3. Hence, following the said order passed by this Court in Criminal Petition No.3048 of 2023, dated 08.01.2024 and for the reasons mentioned therein, this Criminal Petition is allowed. The order dated 22.02.2024 passed in Crl.MP No.446 of 2023 in Criminal Appeal No.108 of 2023 by the learned I Additional Metropolitan Sessions Judge, Visakhapatnam, is hereby set aside and the learned I Additional Metropolitan Sessions Judge, Visakhapatnam, is directed to dispose of the petition afresh giving reasons.

As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed.

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K. SREENIVASA REDDY, J.

Date:15.03.2024 Nsr HON’BLE SRI JUSTICE K. SREENIVASA REDDY Criminal Petition No.1780 of 2024 Date:15.03.2024 Nsr