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Judgment
B.V.L.N. Chakravarthi, J
This Criminal Petition is filed by the petitioner/accused under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to modify or set aside the order dated 21.01.2025 passed in Crl.M.P.No.917 of 2024 in Crl.A.No.233 of 2024 on the file of the learned IV Additional Sessions Judge, Tanuku, West Godavari District.
Heard Sri K.K.Durga Prasad, learned counsel for the petitioner.
Learned Additional Public Prosecutor representing the State takes notice for the State/respondent.
This petition is filed challenge the order dated 21.01.2025 in Crl.M.P.No.917 of 2024 in Crl.A.No.233 of 2024 on the file of the learned IV Additional Sessions Judge, Tanuku, West Godavari District under Section 430 of BNSS to suspend the judgment dated 18.10.2024 in C.C.No.795 of 2023 on the file of learned I Addl.Junior Civil Judge-cum-I Addl.Judl.Magistrate of First Class at Tanuku. The learned Magistrate under the impugned judgment convicted the accused/petitioner and sentenced him to undergo simple imprisonment for a period of one year and to pay fine of Rs.4,62,000/- and awarded the entire fine amount as compensation to the complainant. Thereupon, the petitioner preferred Crl.A.No.233 of 2024 challenging the Judgment of the learned Magistrate and filed the impugned petition under Section 430 of BNSS to suspend the sentence pending appeal. The learned Sessions Judge vide order dated 21.01.2025 ordered suspension of sentence on the condition of depositing 20% of the cheque amount on or before 23.02.2025.
The contention of the petitioner is that he is not in a position to deposit 20% of the amount, as presently he has no avocation, since he was terminated from service.
Considering the facts and circumstances of the case and in view of the judgment of the Hon’ble Apex Court in the case of Jamboo Bhandari Vs. M.P.State Industrial Development Corporation Limited and Others 2023 LiveLaw (SC) 776, this Court is of the considered opinion that the condition imposed by the learned Sessions Judge to deposit 20% of the cheque amount requires modification. Accordingly, the said condition is modified, directing the petitioner to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) within four (04) weeks from the dated of this order, instead of 20% of the cheque amount as ordered by the learned Sessions Judge.
Accordingly, the criminal petition is allowed by modifying the order of the learned Sessions Judge that instead of 20% ordered by the learned Sessions Judge, petitioner is directed to deposit Rs.50,000/- (Rupees Fifty Thousand only) within four (04) weeks from the date of this order before the learned trial Court. Till then, the sentence imposed by the learned trial Court stands suspended. If the petitioner/accused fails to deposit Rs.50,000/-(Rupees Fifty Thousand only) before the learned trial Court as directed above, the Criminal Petition stands dismissed without recourse to the Court.
Accordingly, the Criminal Petition is disposed of at the stage of admission.
As a sequel, interlocutory applications pending, if any, shall stand closed.