The High Court · 2025

Judgment

1. The state of relangana, represented by its Pubric prosecutor, High court of Telangana, Hyderabad. ...Respondent

2. M/s. Sitaram Splnner Pvt. Ltd., Rep. by its Manager and Liaison officer Akula Sandeep Rqj, Q/o, Akula Shashi R'aj, R/o.Rama Towers'S-4-g3, TSK Chambers, M.G. Road, Secunderatiad. ...RespondenURespondenUDe-facto Complainant

Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records pertaining to Crl.A No. 509 of 2025, on the file of the Special Judge for Trial of offences under S.Cs. and S.Ts (poA) Act -cum- Vl Additional Sessions Judges Court, Secunderabad for the offences punishable under section 138 of N.l. Act and modify the order dated 15-10-2025 passed in Crl. M.P. No. 1886 of 2025in Crl. A. No. 509 of 2025, on the file of the Special Judge for Trial of Offences under S.Cs. and S.Ts (POA) Act -cum- Vl Additional Sessions Judges Court, Secunderabad to an extent of condition to deposit 20 percent of the compensation awarded and consequently direct the Appellate Court continue the suspending the sentence of the trial court without the condition of depositing the 20 percent out of compensation amount. :'ie l.A. NO: 1 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to suspend the order darted 15.10.2025 passed in Crl. M.P. No. 1886 of 2025 in Crl. A. No. 509 of 2025, on the file of the Special Judge for Trial of Offences under S.Cs. and S.Ts (POA) Act -cum- Vl Additional Sessions Judges Court, Secunderabad to extent of condition of directing the Petitioners to deposit 20% of the Compensation Amount. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri C Ramachandra Reddy, Advocate for the Petitioners and Sri Arun Kumar Doddla, Additional Public Prosecutor on behalf of Respondent No.1 and of Sri Koushik Kanduri, Advocate for the Respondent No.2. The Court made the following: ORDER .i.-* IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.16289 of 2O25 DATE: 17.L2.2O25. Between: Rhythm Fabrics Rep. its Authorized Signatory Managing Director, Muthu Kumar The State of Telangana, Rep. by its Public Prosecutor, High Court of Telangana, Hyderabad and another Petitioners/Accused AND Responden t/ Complainant ORDER This Criminal Petition is filed under Section 528 of BNSS by the petitioners/appellants/accused against the order dated 15.10.2025 passed in Crl.M.P.No.1886 of 2025 in Crl.A.No.SO9 of 2025 by the learned Special Judge for Trial of Offences under SCs and STs (POA) Act-cum-Vl Additional Sessions Judge, Secunderabad. 2

2. The petitioner filed an appeal against the judgment dated 09.09.2025 passed in C.C.NI. No.168 of 2424, wherein the petitioner was found guilty of the offence punishable under Section 138 of the Negotiable Instruments (NI) Act and was sentenced to undergo simple imprisonment for a period of one year and to pay compensation equivalent to double the cheque amount. In default of payment of compensation, the petitioner was directed to undergo simple imprisonment for a further period of three months. Aggrieved thereby, Crl.M.P.No.1886 of 2025 in Crl.A.No.SO9 of 2O25 was filed, wherein the appellate Court suspended the sentence imposed by the trial court subject to the . condition that the petitioner-appellant deposit 2oo/o of the compensation €unount within sixty (60) days from the date of the order. 3 Heard both sides. 4- Learned counsel for the petitioner submitted t]lat the compensation €unount is substantial and the petitioner is not financially stabre to depos it 2oyo of the ) j C' 3 compensation amount. He further contended that there are good grounds to succeed in the appeal and that the conviction by the trial Court was not on merits. Hence, he requested the Court to suspend. the condition relating to payment of 2O%o of the compensation amount and assured that he would argue the matter before tl:re appellate Court.

5. On the other hand, learned counsel for respondent No.2 opposed the submissions, contending that the petitioner himself had filed an extension petition seeking more time to deposit the 2Oo/o compensation amount. Therefore, the prayer to ' suspend the condition is not valid, and the petition deserves dismissal.

6. 'Upon considering the submissions of both counsel and perusal of the material on record, it is evident that the first appellate Court, in view of the mandatory provision under Section L4S(21 of the NI Act, directed the petitioner to deposi t 2Ao/o of the compensation amount (being double the cheque \ \ 4 amount). However, in view of the legal proposition laid down in Jambu Bandqrl. a. Madhga Prcdesh State Industrlal Deaelopment Corporatlon Llmltedl, the percentage is liable to be reduced from 2oo/o to 1O%. [n the circumstances of the case, this Court is inclined to reduce the deposit amount from 2oo/o to lOo/o.

7. Accordingly, the Criminal Petition is disposed of, directing the petitioner to deposit lOo/o of the compensation amount within a period of three (03) weeks from the date of receipt of a copy of this order. Miscellaneous applications, if any pending, shall also stand closed. //TRUE COPY// P.C. SULEKHA DEVI ISTANT REGIS SECTION OFFICER To, & cum- Vl Additional Sessions Judges Court, Secunderabad

1. The Special Judge for Trial of offences under s.cs. and s.Ts (poA) Act - 2. Two CCs to the Public Prosecutor, High Court for the State of Telangana at 3. One CC to Sri C Ramachandra Reddy, Advocate tOpUCl 4. One CC to Sri Koushik Kanduri, Advocate tOpUCl 5. Two CD Copies Hyderabad (OUT) ADK/DL ' 2oz3 LiveLaw(sc) 776 f. ( HIGH GOURT DATED :1T t12t2}2s f ? 1: l ORDER CRLP.No.162g9 of 2025 {HE s o ? t JrN 2026 * l: C) A , DISPOSING OF THE CRLP ?0