IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA THURSDAY, THE FIFTEENTH DAY OF MAY,

TWO THOUSAND AND TWENTY FIVE

:PRESENT:

HONOURABLE DR JUSTICE Y. LAKSHMANA RAO

IA No. 2 OF 2025

IN

CRLRC NO: 444 OF 2025

Between:

Kotha Chalapathi Rao, S/o Manga Raju, Aged about 59 years, Occ: Business, H.No. 78-16-22, Shymalanagar, Rajamahendrawaram, East Godavari District

...Accused/Petitioner

(Petitioner in CRLRC 444 OF 2025)

on the file of High Court)

AND

1. The State of Andhra Pradesh, Rep. by its Public Prosecutor High Court for the State of Andhra Pradesh at Amaravathi.

2. Karri Sridhar Reddy, S/o Subba Reddy, Aged about 53 years, Occ: Business, H.No.17-186, Gollapeta, Dowleswaram, Rajamahendrawaram Rurall Mandal, East Godavari District.

...Complainant/Respondent

(Respondents in-do-)

Counsel for the Petitioner : SRI B.V.S.S.BALAKRISHNA RANJIT Counsel for the Respondent No.1: PUBLIC PROSECUTOR

Petition under Section 430 of BNSS, 2023 is filed praying that in the circumstances stated in the memorandum of grounds of criminal revision case, the High Court may be pleased to set aside the judgment dt. 13.02.2025 passed in Crl.A.No.407 of 2022 on the file of Family Court

Cum the IX Addl. District Judge, at Rajamahendravaram, modifying the judgment dt. 23.11.2022 passed in C.C.No.2576 of 2018 on the file of the VII Addl. Judicial First Class Magistrate Court, at Rajamahendravaram including the compensation amount of Rs. 13,16,000/-, in the interest of justice, pending disposal of CRLRC No.444 of 2025, on the file of the High Court.

f

ORDER:

"Heard learned counsel for the petitioner and learned Assistant Public Prosecutor representing the State.

Learned trial Court imposed one (01) year imprisonment on the petitioner.

Learned Appellate Court confirmed the conviction for the offence under Section 138 of the Negotiable Instruments Act, 1881 by modifying the compensation from Rs.19,00,000/- to Rs.13,16,000/ with a direction to pay the same within two (02) months from the date of judgment failing which the petitioner/appellant shall undergo simple imprisonment for one (01) month.

At the time of pronouncement of the Judgment in the Appeal, the petitioner has not made himself present before the Court.

For the reasons mentioned in the accompanying affidavit, the Order of sentence of Imprisonment alone is suspended subject to ^a condition that the petitioner depositing 50% of the compensation amount modified by the learned Appellate Court and the petitioner shall forthwith surrender before the learned VII Additional Judicial First Class Magistrate, Court at Rajamahendravaram. On such surrender, the petitioner shall be enlarged on bail on his executing a personal bond for ^a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for alike sum each to the satisfaction of the learned

VII Additional Rajamendravaram. Judicial First Class Magistrate, Court at

SD/-B.CHITTI JOSEPH ASSISTANT^REGiSTRAR //TRUE COPY// SECTON OFFICER Fo

To,

• 1. The VII Additional Judicial First Class Magistrate Court Rajamahendravaram. at
• 2. The Family Court cum the IX Additional District Judg Rajamahendravaram e, at
• 3. Karri Sridhar Reddy, S/o Subba Reddy, H.No.17-186, Gollapeta, Dowleswaram, Rajamahendrawaram Rural! Mandal, East Godavari District (by RPAD)
• 4. One CC to Sri. B.V.S.S.Balakrishna Ranjit, Advocate [OPUC]
• 5. Two CCs to Public Prosecutor, High Court of AP [OUT]
• 6. One spare copy
• MM

HIGH COURT

Dr.YLR,J

DATED:15/05/2025

LIST THE MATTER AFTER SUMMER VACATION, 2025

ORDER

IA.No.2 OF 2025 $\mathsf{IN}$ CRLRC.No.444 of 2025

DIRECTION