THE HONOURABLE SRI JUSTICE N. TUKARAMJI CRIMINAL PETITION No.4841 of 2025

ORDER:

This petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 assailing order dated 13.03.2025 in Crl.M.P/No.410 of 2025 in Crl.A.No.29 of 2025 on the file of the I Additional Sessions Judge, Medchal-Malkajgiri District at Kushaiguda, against the petitioner/accused.

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2. Heard Mr.N.Krishna Sumanth, learned counsel for petitioner and Mr.E.Ganesh, learned Assistant Public Prosecutor appearing for the respondent No.1-State.

3. The petitioner is appellant/convict/accused who convicted for the offence under Section 138 of Negotiable Instrument Act, 1881 (for short ‘the NI Act’) in STC NI No.640 of 2022 on the file of the Principal Junior Civil Judge -cum- IV Additional Judicial Magistrate of First Class, Medchal-Malkajgiri, Uppal at L.B.Nagar. Aggrieved by this Judgment preferred an appeal vide Crl.A.No.29 of 2025 on the file of I Additional Sessions Judge, Medchal-Malkajgiri District at Kushaiguda. Pending proceedings the impugned petition has been filed seeking suspension of sentence passed by the trial Court against the petitioner-accused. The appellate Court, having considered the submissions, allowed the petition subject to petitioner/ appellant/ accused depositing 20% of the compensation awarded by the trial Court.

4. Learned counsel for the petitioner would submit that the direction to deposit 20% of the compensation amount is onerous in his financial condition. He asserts that the disputed cheque was issued in the year 2002 as security in different transactions and thereafter he had issued direction to the banker not to honour the cheque and also placed original bank statement of the year 2012, these aspects were disregarded by the Court below. If these facts are properly considered, the complaints act of pressing into service of the cheque of year 2002 with fraudulent intension will come in the light, which will inverse the liability fixed on him. Considering the circumstances, prays for reducing the percentage of the amount directed to be deposited in the impugned order.

5. I have perused the material on record.

6. As per Section 148 of the NI Act, when the accused prefers an appeal, the appellate Court may direct the appellant to deposit the minimum 20% of the compensation or the fine amount. However, it is now well settled that subject to the circumstances of the case, the direction contemplates under Section 148 of the NI Act may be varied.

Having regard to the pleading that the cheque of the year 2002, which was given for security, has been utilized and strong case for deliberation in the appeal and also the pleadings of learned counsel for the petitioner, reducing the condition of depositing 20% of the compensation to 10% is found appropriate.

7. Accordingly, the condition imposed in the impugned order is sub-planted to 10% of compensation amount awarded by the trial Court to be deposited within four weeks from today. Rest of the impugned order stands sustained.

8. With this direction, this Criminal Petition is allowed.

Miscellaneous petitions, pending if any, shall stand closed.

_____________________ JUSTICE N. TUKARAMJI Date: 08.04.2025 pld