Karnataka High Court
Sri Ravi Kumar V vs Sri K G Hanumanthaih on 3 January, 2024
Author: K.Natarajan
Bench: K.Natarajan
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NC: 2024:KHC:189
CRL.P No. 12477 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 12477 OF 2023
BETWEEN:
SRI. RAVI KUMAR V,
S/O LATE H.S. VENKAT RAO,
AGED ABOUT 48 YEARS,
R/AT NO.96/97, I FLOOR,
K.R. LAYOUT, J.P.NAGAR, 6TH PHASE,
BENGALURU - 560 078.
...PETITIONER
(BY SRI. N. SURESHA., ADVOCATE)
AND:
SRI. K.G.HANUMANTHAIH,
S/O LATE K.T. GOVINDAPPA,
AGED ABOUT 56 YEARS,
Digitally signed R/AT NO.202/2, 8TH CROSS,
by YAMUNA K
L I MAIN ROAD, CHAMARAJPETE,
Location: High
Court of BENGALURU - 560 018.
Karnataka
...RESPONDENT
(NOTICE TO RESPONDENT IS DISPENSED WITH)
THIS CRL.P. IS FILED U/S 482 OF CR.P.C., PRAYING TO
SET ASIDE THE ORDERS DATED 20.06.2023 PASSED IN
CRL.APPEAL NO.25113/2023, ON THE FILE OF THE LXXIV ACC
AND SJ (CCH-75) MAYO HALL, BENGALURU.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC:189
CRL.P No. 12477 of 2023
ORDER
1. This petition is filed by the petitioner - accused under
Section 482 of Cr.P.C. for quashing the impugned order passed
by the First Appellate Court in Crl.A. No.25113/2023 for having
rejected the application for extension of time for depositing
20% of the fine amount/cheque amount while suspending the
sentence of the trial Court.
2. Looking to the fats and circumstance, issuing notice to the
respondent is dispensed with.
3. Heard the learned counsel for the petitioner. The case of
the petitioner is that the petitioner faced trial in C.C.
No.54707/2021 for the offences punishable under Section 138
of the Negotiable Instruments Act before the XIV ACMM,
Mayohall, Bengaluru and he has been found guilty and
convicted by the judgment dated 20.03.2023. Being aggrieved
by the same, the petitioner approached the Sessions Judge in
an appeal under Section 374(3) of Cr.P.C. along with
application under Section 389(1) of Cr.P.C. for suspending the
sentence. The First Appellate Court vide order dated
21.04.2023 suspended the sentence subject to the condition to
NC: 2024:KHC:189
deposit 20% of the fine amount within 60 days as provided
under Section 148 of Negotiable Instruments Act, but the
petitioner unable to deposit the fine amount as ordered by the
Court, due to non availability of funds, has filed an application
before the First Appellate Court on 27.10.2023 for extension of
time, which came to be dismissed. Hence, is before this Court.
4. Having heard the arguments and on perusal of the records
of course, 60 days time provided for depositing the amount by
the First Appellate Court in the appeal, another 30 days can be
granted if sufficient cause is made out. However, the petitioner
has not deposited within three months from 21.04.2023, but
after six months he has moved an application for extension of
time. The First Appellate Court has rightly rejected the
application as there is no flaw in the order and however,
immediately after rejection of the application the learned
counsel has filed the petition before this Court. The learned
counsel for the petitioner has brought the DD for Rs.3,22,000/-
with DD date 04.12.2023. Considering the facts and
circumstances of the case, as a special case, though the trial
Court has no authority to extend time, this Court feels some
more time shall be extended for the petitioner to deposit the
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amount. Even otherwise the amount ordered by the Court
could be recovered by the complainant as provided under
Section 431/421 of the Cr.P.C. Hence it is a fit case to grant
time to the petitioner. Accordingly, I pass the following -
ORDER
The petition is allowed. The order of dismissal of the
application for extension of time is hereby set aside. The
petitioner is permitted to deposit the DD within one week from
the date of receipt of a certified copy of this order.
Sd/-
JUDGE
YKL
