THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.15168 of 2025

ORDER

This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner seeking extension of time to deposit 10% of the fine amount imposed by the appellate Court vide order dated 10.11.2025 in Crl.M.P.No.317/2025 in Crl.A.No.35/2025 on the file of the learned I Additional District and Sessions Judge, at Karimnagar, wherein a period of seven (7) days from the date of the order was fixed for such payment.

2. Heard Mr.Hari Kishan Kudikala, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for respondent No.1-State.

3. It is the case of the petitioner that he was convicted under Section 138 of the Negotiable Instruments Act, 1881 in C.C.No.441 of 2018 on the file of the learned I Additional Junior Civil Judge-cum-I Additional Judicial Magistrate of First Class, at Huzurabad. Aggrieved by the said conviction, he preferred an appeal before the learned I Additional District and Sessions Judge, at Karimnagar in Crl.A.No.35 of 2025, along with a miscellaneous petition in Crl.M.P.No.317 of 2025 seeking suspension of the sentence of imprisonment imposed by the trial Court. While allowing the said petition, the appellate Court directed the petitioner to deposit 10% of the fine amount in the form of an FDR drawn in any nationalized bank in favour of the trial Court, within 7 days from the date of the order. However, learned counsel for the petitioner submits that the petitioner has suffered losses in his business and is unable to arrange the requisite funds for the said payment and therefore, prayed for extension of time to make the deposit.

4. Learned Additional Public Prosecutor requested to pass appropriate orders.

5. Considering the facts and circumstances of the case and on a perusal of the material available on record, this Criminal Petition is allowed, and the petitioner is granted a period of one month from the date of receipt of a copy of this order to deposit the said 10% of the fine amount, in the form of an FDR drawn in any nationalized bank in favour of the trial Court, as directed by the learned appellate Court. However, in case of default in complying with this order within the stipulated time, this order shall stand automatically vacated, and the judgment of conviction and sentence passed by the learned trial Court shall remain in force.

As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

____________________________ JUSTICE TIRUMALA DEVI EADA

24.11.2025 mvm