Telangana High Court
Chada Kondal Reddy, vs The State Of Telangana. on 19 November, 2025
THE HON'BLE SMT.JUSTICE TIRUMALA DEVI EADA
CRIMINAL PETITION No.15167 of 2025
ORDER:-
1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking enlargement of time to deposit 10% of the fine amount before the Trial Court within a period of 7 days as per orders passed by the learned I Additional District & Sessions Judge at Karimnagar in Crl.M.P.No.315 of 2025 in Crl.A.No.33 of 2025, dated 10.11.2025.
2. Heard Sri Harikishan Kudikala, 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 Trial Court vide judgment dated 10.10.2025 passed in C.C.No.439 of 2018 held conviction under Section 138 of Negotiable Instruments Act, 1881 sentencing the petitioner herein to undergo simple imprisonment for a period of 2 years and to pay fine of Rs.16,40,000/- and out of the said amount, Rs.5,000/- was ordered to be paid as compensation to the complainant under Section 357(3) of Cr.P.C. Against the said judgment, an Appeal was preferred by the petitioner/accused and 2 ETD,J Crl.P.No.15167_2025 the First Appellate Court, vide orders dated 10.11.2025 passed in Crl.M.P.No.315 of 2025 in Crl.A.No.33 of 2025, while suspending the sentence under Section 389(1) of Cr.P.C., has imposed a condition that the petitioner shall deposit 10% of the fine amount before the Trial Court in the form of FDR drawn in any Nationalized Bank within a period of 7 days from the date of order. Since the petitioner failed to deposit the said fine amount within the stipulated time, he approached this Court and filed the present petition seeking extension of time specified therein in the First Appellate Court order dated 10.11.2025.
4. Learned petitioner's counsel further submits that the petitioner sustained heavy loss in his business and thus he is unable to gather his resources for payment of 10% of the fine amount that is being imposed.
5. The learned Additional Public Prosecutor has submitted that the petitioner suffered conviction and for suspension of the said sentence, the Trial Court has rightly imposed the conditions and thus prayed to pass appropriate orders.
6. Considering the submissions of the learned counsel and in view of the facts and circumstances of the case, the time specified for payment of 10% of the fine amount before the Trial Court in the 3 ETD,J Crl.P.No.15167_2025 form of FDR is hereby extended by one month from the date of receipt of a copy of this order. Failure to comply with the directions of this Court would nullify this order and the order of the Trial Court would come into effect.
7. With the above observation, the Criminal Petition is disposed of.
8. Miscellaneous petitions pending, if any, shall stand closed.
____________________________ JUSTICE TIRUMALA DEVI EADA Dt.19.11.2025 ysk