IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.299 of 2026 DATE OF ORDER:- 09.01.2026 Between:

Kadiri Venkata Ramana Rao … Petitioner/Accused AND The State of Telangana Represented by the Public Prosecutor, State of Telangana, High Court of Telangana & another.

…Respondents

ORDER

1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking to set aside the impugned order dated 17.11.2025 passed in Crl.M.P.No.2060 of 2025 in Crl.A.No.550 of 2025 in C.C.No.41 of 2024, on the file of the learned Special Judge for SCs and STs (POA) Act-cum-VI Additional Sessions Judge, Secunderabad, to the extent of payment of 20% of the compensation amount i.e., Rs.12,00,000/- as a pre-condition for suspension of sentence and further direct that the suspension of sentence granted on 17.11.2025 shall continue without any condition of deposit.

2. Heard Mr. S.V.S.S.R. Krishna Uppuluri, learned counsel representing Smt. K.Udaya Sri, learned counsel for the petitioner as well as Sri Jitender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No.1-State.

3. Learned petitioner’s counsel submitted that the petitioner is aggrieved by the order dated 17.11.2025 passed in Crl.M.P.No.2060 of 2025 in Crl.A.No.550 of 2025, which was filed by the accused/petitioner herein seeking suspension of sentence imposed in C.C.No.41 of 2024 (STC No.5084 of 2021) on the file of learned XX Additional Chief Judicial Magistrate, Secunderabad. The learned Appellate Court allowed the petition suspending the sentence of imprisonment subject to the petitioner depositing 20% of the compensation amount within 60 days from the date of order. Aggrieved by the same, the petitioner filed the present criminal petition seeking to set aside the said impugned order.

4. The learned Additional Public Prosecutor has submitted to pass appropriate orders.

5. Perused the record. C.C.No.41 of 2024 (STC No.5084 of 2021) on the file of learned XX Additional Chief Judicial Magistrate, Secunderabad was ended in conviction of the petitioner herein. Therefore, aggrieved by the said conviction and sentence, he preferred an Appeal vide Crl.A.No.550 of 2025 before the Sessions Court along with Crl.M.P.No.2060 of 2025 was filed by the petitioner seeking suspension of sentence imposed in C.C.No.41 of 2024 (STC No.5084 of 2021).

6. Section 148 of the Negotiable Instruments (Amendment) Act, 2018 is extracted hereunder for the sake of reference:

“ (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, in an appeal by the drawer against conviction under section 138, the Appellate Court may order the appellant to deposit such sum which shall be a minimum of twenty percent of the fine or compensation awarded by the trial Court:

Provided that the amount payable under this sub-section shall be in addition to any interim compensation paid by the appellant under section 143A.

(2) The amount referred to in sub-section (1) shall be deposited within sixty days from the date of the order, or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the appellant.

(3) The Appellate Court may direct the release of the amount deposited by the appellant to the complainant at any time during the pendency of the appeal:

Provided that if the appellant is acquitted, the Court shall direct the complainant to repay to the appellant the amount so released, with interest at the bank rate as published by the Reserve Bank of India, prevalent at the beginning of the relevant financial year, within sixty days from the date of the order, or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the complainant.”

Thus under the said provision the learned Appellate Court allowed the petition suspending the sentence of imprisonment subject to