Citation : 2026 Latest Caselaw 45 Tel
Judgement Date : 25 March, 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
CRIMINAL PETITION No.4295 of 2026
Date: 25.03.2026
Between:
P. Ramachandra Raju
...Petitioner
AND
The State of Telangana,
Rep. by its Public Prosecutor,
High Court of Telangana, Hyderabad and another
...Respondents.
COMMON ORDER
This Criminal Petition is filed by the petitioner, questioning the
orders dated 23.02.2026, passed by the learned Special Judge for Trial
of Offences under SCs and STs (POA) Act-cum-VI Additional Sessions
Judge, at Secunderabad, in Crl.M.P.No.401 of 2026 in Crl.M.P.No.2453
of 2025 in Crl.A.No.654 of 2025 in C.C.No.664 of 2018, on the ground
that the Sessions Judge imposed an onerous condition.
2. Heard Mr. N.C. Das, learned counsel for the petitioner and
Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for
respondent No.1.
3. With the consent of both the learned counsel, the criminal petition
is disposed of at the admission stage.
4. Notice in respect of respondent No.2 is dispensed with, on the
ground that the petitioner has filed the present criminal petition only
challenging the imposition of the condition to deposit 20% of the
compensation amount, and no relief is sought against respondent No.2.
5. Learned counsel for the petitioner submitted that the learned trial
Court sentenced the petitioner to undergo simple imprisonment for a
period of one year and to pay fine of Rs.72,00,000/-, in default of which,
to undergo simple imprisonment for a period of three months, for the
offence under Sections 138 of the Negotiable Instruments Act, 1881 (for
short 'NI Act'). Aggrieved thereby, the petitioner preferred an appeal
before the learned Sessions Judge, who, while suspending the sentence
imposed by the trial Court, imposed a condition directing the petitioner
to deposit 20% of the compensation amount under Section 148 of the NI
Act.
6. Learned Additional Public Prosecutor submitted that, in similar
circumstances, this Court by placing reliance upon the principle laid
down by the Hon'ble Supreme Court in Sanjabij Tari v. Kishore
S. Borcar 1, has reduced the compensation amount from 20% to 10%.
2025 SCC OnLine SC 2069
7. Taking into consideration the submissions made by the respective
parties and the principle laid down by Hon'ble Supreme Court in
Sanjabij Tari (supra), the impugned order dated 23.02.2026 passed by
the learned I Special Judge for Trial of Offences under SCs and STs
(POA) Act-cum-VI Additional Sessions Judge, at Secunderabad, in
Crl.M.P.No.401 of 2026 in Crl.M.P.No.2453 of 2025 in Crl.A.No.654
of 2025 in C.C.No.664 of 2018 is modified, directing the petitioner to
deposit 10% of the compensation amount within a period of six (06)
weeks from today. In default of depositing the said amount within the
stipulated period, the learned Sessions Judge is entitled to proceed with
the matter in accordance with law.
8. Accordingly, the criminal petition is disposed of.
Pending miscellaneous applications, if any, shall stand
closed.
____________________________ JUSTICE J. SREENIVAS RAO
Date: 25.03.2026 Note: Issue C.C. in a week B/o gnp
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