BALINENI VENKATESWARLU Vs. STATE OF A.P.

JUDGEMENT

(1.) The Criminal Petition is filed by the petitioner/accused U/s.528 of Bharatiya Nagarik Suraksha Sanhitha 2023, on behalf of the petitioner/accused to set aside the order dtd. 5/2/2025 passed in Crl.M.P.No.19 of 2025 in Criminal Appeal No.16 of 2025 on the file of learned III Additional District and Sessions Judge, Nellore.

(2.) Heard Sri N.Madhava Rao, learned counsel for the petitioner and learned Additional Public Prosecutor representing the State.

(3.) Learned counsel for the petitioner would submit that learned Sessions Judge in the appeal against the conviction for the offence punishable under Sec. 138 of Negotiable Instruments Act passed the impugned order dtd. 5/2/2025 in Crl.M.P.No.19 of 2025 under Sec. 430 of Bharatiya Nagarik Suraksha Sanhitha 2023, directed the petitioner to deposit 20% of the cheque amount within a period of two (02) months from the date of the order, while suspending the sentence of imprisonment awarded by the learned Magistrate. He would submit that the order of the learned Sessions Judge is not in accordance with Jamboo Bhandari v. MP State Industrial Development Corporation Ltd's case.