ORDER:

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’), challenging the impugned order, dated 05.03.2025 passed in Crl.M.P.No.50 of 2025 in Crl.A.No.11 of 2025 on the file of learned Principal Sessions Judge at Bhadradri-Kothagudem.

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

3. The petitioner/appellant/accused accused/appellant, was convicted for the offence under Section 138 of Negotiable Instruments Act, 1881 (for short N.I.Act, 1881). Aggrieved by the judgment of the conviction and sentence by the trial Court, the petitioner has preferred the Appeal, wherein, an application has been filed seeking suspension of execution of sentence. The appellate Court having regard to the submissions directed to deposit 20% of cheque amount on or before 07.04.2025. Aggrieved by the condition, the present petition came to be filed.

4. Learned counsel for the petitioner contends that the appellate Court while suspending the sentence imposed a condition of depositing 20% of the cheque amount, in addition to the direction of the trial Court under Section 143A of the NI Act, 1881. This condition has become onerous, especially in view of the financial condition of the petitioner.

However, learned counsel fairly admits that as per Section 148 N.I.Act, 1881 in an appeal and conviction, the appellate Court may order to deposit a minimum of 20% of the compensation. However, considering financial condition of the petitioner, prayed for granting instalment deposits to comply with the order.

5. I have perused the materials on record.

6. Having regard to the pleadings and the statutory position under Section 148 of N.I.Act, 1881 and as the petitioner is ready to comply with the direction in the impugned order, however, seeking instalments in depositing the amount allowing him to pay the amount in three (3) instalments is found proper and would meet the situation. Accordingly the petitioner is directed to deposit the amounts to comply the direction in the impugned order in three equal instalments by 22.04.2025, 22.05.2025 and 22.06.2025 respectively.

7. With this direction, this Criminal Petition is disposed of. It is made clear that any lapse in payment of instalment, would automatically render this order ineffective.

Pending miscellaneous applications, if any, shall stand closed.

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