Mr.Mukthiar Pasha vs M/S Manappuram Chits (K) Pvt Ltd
2021 Latest Caselaw 5950 Kant

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

   DATED THIS THE 10 T H DAY OF DECEMBER, 2021

                         BEFORE

THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR

       CRIMINAL PETITION NO.8571 OF 2021

BETWEEN:

Mr. Mukthiar Pasha,
Aged 46 years,
S/o Mehaboob Pasha,
R/at No.139, 12 t h A Main,
19 t h Cross, HSR Layout,
7 t h Sector, Beng aluru-560102.
                                           ...Petitioner
(By Sri Jeevan K., Advocate)

AND:

M/s Manappuram Chits (K) Pvt. Ltd.,
No.02, 2 n d Floor, SRS Complex,
6 t h Main, KHM Block, R.T.Nag ar,
Beng aluru-560032.
Rep. by its Assistant Leg al Manag er
Sri Ramesh D K
                                          ...Respondent
(By Sri Ling araj, Advocate)

      This Criminal Petition is filed under Section 482
of Cr.P.C., praying to modify the ord er dated
08.04.2021 on the application filed by the petitioner
und er Section 389 of Cr.P.C. in Crl.A.No.298/2021
passed by the LXVI Additional City Civil and Sessions
Judge (CCH-67), Bengaluru only to the extent of
extending the time limit to dep osit Rs.25 percent of
the fine amount.

      This Criminal Petition coming on for admission
this d ay, the Court made the following:
                               :: 2 ::


                            ORDER

Heard Sri Jeevan K, learned counsel for the

petitioner and Sri Lingaraj, learned counsel for the

respondent.

2. In this petition under Section 482 of

Cr.P.C., the petitioner has sought modification of

the order dated 08.04.2021 passed by the LXVI

Additional City Civil and Sessions Judge, Bengaluru

(CCH-67) in Crl.A.No.298/2021.

3. Learned Magistrate convicted the

petitioner for the offence punishable under Section

138 of the Negotiable Instruments Act and

imposed a fine of Rs.9,02,000/-. Challenging this

judgment of conviction, the petitioner preferred an

appeal to the Court of LXVI Additional City Civil

and Sessions Judge, Bengaluru and made an

application under Section 389 of Cr.P.C., seeking

suspension of sentence.

:: 3 ::

4. The appellate Court, while considering

the said application, directed the petitioner to

deposit 25% of the fine amount within 90 days.

Since the petitioner did not deposit 25% of the

fine amount within 90 days, the Magistrate has

now issued NBW and FLW against the petitioner.

5. Learned counsel for the petitioner

submits that if one week time is granted, the

petitioner is ready to deposit 25% of the fine

amount as directed by the appellate Court. Due to

some unavoidable reasons he could not make

deposit of the amount within time.

6. Learned counsel for the respondent

submits that the petitioner has been given

sufficient time.

7. It is true that the petitioner has been

given sufficient time. However, now the learned

counsel for the petitioner submits that if one week

time is granted, the petitioner will deposit 25% of :: 4 ::

the fine amount without fail. Having regard to this

submission, this petition is entertained. The

petitioner is given one week time from today to

make deposit of 25% of the fine amount as

ordered by the appellate Court.

Petition stands disposed of accordingly.

Sd/-

JUDGE

Kmv/-