Ballem Prabhakar vs The State Of Telangana
2025 Latest Caselaw 4651 Tel

Telangana High Court

Ballem Prabhakar vs The State Of Telangana on 8 April, 2025

Author: N. Tukaramji

Bench: N. Tukaramji

           THE HONOURABLE SRI JUSTICE N. TUKARAMJI

                 CRIMINAL PETITION No.4818 of 2025

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.

_____________________ JUSTICE N. TUKARAMJI

Date: 08.04.2025

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THE HONOURABLE SRI JUSTICE N. TUKARAMJI

CRIMINAL PETITION No.4818 of 2025

Dated 08.04.2025

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