Citation : 2025 Latest Caselaw 6706 Tel
Judgement Date : 24 November, 2025
THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA
CRIMINAL PETITION No.15168 of 2025
ORDER:
This Criminal Petition is filed under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by
the petitioner seeking extension of time to deposit 10% of the fine
amount imposed by the appellate Court vide order dated
10.11.2025 in Crl.M.P.No.317/2025 in Crl.A.No.35/2025 on the
file of the learned I Additional District and Sessions Judge, at
Karimnagar, wherein a period of seven (7) days from the date of
the order was fixed for such payment.
2. Heard Mr.Hari Kishan Kudikala, learned counsel for the
petitioner and Mr.Jithender Rao Veeramalla, learned Additional
Public Prosecutor appearing for respondent No.1-State.
3. It is the case of the petitioner that he was convicted under
Section 138 of the Negotiable Instruments Act, 1881 in
C.C.No.441 of 2018 on the file of the learned I Additional Junior
Civil Judge-cum-I Additional Judicial Magistrate of First Class, at
Huzurabad. Aggrieved by the said conviction, he preferred an
appeal before the learned I Additional District and Sessions
ETD, J Crl.P_15168_2025
Judge, at Karimnagar in Crl.A.No.35 of 2025, along with a
miscellaneous petition in Crl.M.P.No.317 of 2025 seeking
suspension of the sentence of imprisonment imposed by the trial
Court. While allowing the said petition, the appellate Court
directed the petitioner to deposit 10% of the fine amount in the
form of an FDR drawn in any nationalized bank in favour of the
trial Court, within 7 days from the date of the order. However,
learned counsel for the petitioner submits that the petitioner has
suffered losses in his business and is unable to arrange the
requisite funds for the said payment and therefore, prayed for
extension of time to make the deposit.
4. Learned Additional Public Prosecutor requested to pass
appropriate orders.
5. Considering the facts and circumstances of the case and
on a perusal of the material available on record, this Criminal
Petition is allowed, and the petitioner is granted a period of one
month from the date of receipt of a copy of this order to deposit
the said 10% of the fine amount, in the form of an FDR drawn in
any nationalized bank in favour of the trial Court, as directed by
the learned appellate Court. However, in case of default in
ETD, J Crl.P_15168_2025
complying with this order within the stipulated time, this order
shall stand automatically vacated, and the judgment of conviction
and sentence passed by the learned trial Court shall remain in
force.
As a sequel, the miscellaneous petitions pending, if any,
shall stand closed.
____________________________ JUSTICE TIRUMALA DEVI EADA 24.11.2025 mvm
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