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CDJ 2026 APHC 1444 My Notes print Preview print print
Court : High Court of Andhra Pradesh
Case No : Criminal Petition No. 6710 of 2026
Judges: THE HONOURABLE DR. JUSTICE Y. LAKSHMANA RAO
Parties : Komara Yella Rao Versus The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati & Another
Appearing Advocates : For the Petitioner: CH. Markondaiah, Advocate. For the Respondents: Public Prosecutor.
Date of Judgment : 06-08-2026
Head Note :-
Negotiable Instruments Act, 1881 - Section 138 -
Judgment :-

1. The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused on bail in connection with Crl.M.P.No.196 of 2026 on the file of the Principal District and Sessions Judge, Krishna, Machilipatnam and C.C.No.321 of 2025 on the file of the II Special Magistrate, Vijayawada under Section 138 of NI Act.

2. Mr. Ch. Markondaiah, learned counsel for the Petitioner, submits that the trial Court was pleased to convict the petitioner/accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for brevity, "the NI Act"). He further submits that the petitioner preferred an appeal before the learned Appellate Court with a delay of 40 days and that the application for condonation of delay and other petitions relating to grant of bail are pending consideration before the learned Appellate Court. He submits that the petitioner was arrested on 26.06.2026 and urges that he be released on bail, as he is the sole breadwinner of his family and is suffering from several health ailments. The petitioner undertakes to abide by any conditions that this Court may deem fit to impose while granting bail. Hence, he prays that the petition be allowed.

3. Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record.

4. On a perusal of the record, it is evident that the petitioner filed Crl.M.P.No.196 of 2026 seeking condonation of a delay of 40 days in preferring the criminal appeal challenging the judgment dated 23.02.2026 passed in C.C.No.321 of 2025, whereby and whereunder the learned Trial Court convicted the petitioner for the offence under Section 138 of the NI Act and sentenced him to pay a fine of Rs.5,00,500/-, in default, to undergo simple imprisonment for a period of three months. The petitioner has paid a fine amount of Rs.500/-. The petitioner has been in judicial custody since 26.06.2026.

5. Considering the facts and circumstances of the case, the nature of the offence, and the period of judicial custody undergone by the petitioner, this Court is inclined to enlarge the petitioner/accused on bail, subject to the following conditions:

6. Accordingly, the Criminal Petition is allowed on the following conditions:

                  I. The petitioner herein shall be enlarged on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for the like sum each to the satisfaction of the learned Trial Court.

                  II. The petitioner shall deposit 20% of the cheque amount before the learned Trial Court within a period of six (06) weeks from the date of this order. Failing to deposit 20% of the cheque amount, the learned Trial Court shall take appropriate steps for recovery of the said amount. On such deposit, Respondent No.2/complainant is at liberty to withdraw the same by producing sufficient sureties to the satisfaction of the learned Trial Court.

7. The learned Appellate Court is directed to register the appeal, if it is otherwise in order, after passing appropriate orders in Crl.M.P.No.196 of 2026 seeking condonation of the delay in preferring the appeal.

8. In the result, the Criminal Petition is allowed.
 
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