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march 2025

High Court of Andhra Pradesh · 2025-03-23

CRLP/3070/2025 of PADAVALA TIRUMALA RAO Vs YADLA VASU DEVA RAO

Citation / case number
APHC010144612025
Court
High Court of Andhra Pradesh
Petitioner
CRLP/3070/2025 of PADAVALA TIRUMALA RAO
Respondent
YADLA VASU DEVA RAO
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Judgment text excerpt

1 CRL.P. No.3070 OF 2025 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.3070 OF 2025 ORDER: 1. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the State. 2. The petitioner is aggrieved by the order, dated 05.02.2025, passed in Crl.M.P.No.22 of 2025 in Crl.A.No.43 of 2025, by the VI Additional District & Sessions Judge, Visakhapatnam, wherein, while suspending the sentence in C.C. No.294 of 2013, the petitioner was directed to deposit 20% of the cheque amount within 15 days from the date of the order. 3. The learned counsel for the petitioner submits that the petitioner subsequently filed Crl.M.P. No.36 of 2025, seeking extension of time. The learned Sessions Judge granted extension of time till 07.03.2025. The learned counsel further submits that, as per Section 148(2) of the Negotiable Instruments Act, 1881, it is mandatory to deposit the compensation within 60 days from the date of the order. However, the order passed by the learned Sessions Judge, directing payment within 15 days, is contrary to the provisions of Section 148(2) of the Negotiable Instruments Act. 4. Considering the submissions, this Court is inclined