Citation : 2025 Latest Caselaw 6607 Tel
Judgement Date : 19 November, 2025
THE HON'BLE SMT.JUSTICE TIRUMALA DEVI EADA
CRIMINAL PETITION No.15167 of 2025
ORDER:
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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
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
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
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