Karnataka High Court
Mr T H Krishnadas vs M/S Form Space Reality Llp on 9 January, 2024
Author: K.Natarajan
Bench: K.Natarajan
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NC: 2024:KHC:1041
CRL.P No. 13641 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 13641 OF 2023
BETWEEN:
MR. T H KRISHNADAS
PROPRIETOR,
AGED ABOUT 35 YEARS,
M/S BERRYZ FASHION HOUSE,
NO.3347/A, 3RD FLOOR, 13TH MAIN,
HAL 2ND STAGE, INDIRANAGAR,
BENGALURU - 560 008.
...PETITIONER
(BY SRI. GIRISH, ADVOCATE FOR
SRI. KAPIL DEV C. ULLAL, ADVOCATE)
AND:
M/S FORM SPACE REALITY LLP
REPRESENTED BY ITS DESIGNATED PARTNER,
MR. HEMANSHU M SHAH,
Digitally signed by
VEDAVATHI A K HAVING OFFICE AT NO.51,
Location: High 2ND MAIN ROAD, SHESHADRIPURAM,
Court of Karnataka
BENGALURU - 560 008.
...RESPONDENT
(NOTICE TO RESPONDENT DISPENSED WITH)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED
06.10.2023 PASSED BY THE COURT OF THE LXIV ADDL. CITY
CIVIL AND SESSIONS JUDGE AT BENGALURU AND THE
EXECUTION AND OPERATION OF IMPUGNED JUDGMENT ON
THE CRIMINAL APPEAL NO.836/2023, PENDING BEFORE THE
HONBLE LXIV ADDL. CITY CIVIL AND SESSIONS JUDGE,
BENGALURU.
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NC: 2024:KHC:1041
CRL.P No. 13641 of 2023
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Issuing notice to the respondent is dispensed with.
2. Heard the arguments of learned counsel for the
petitioner.
3. This petition is filed under Section 482 of Cr.P.C., for
quashing the order dated 06.10.2023 for having rejecting the
application for extension of time to deposit the interim
compensation, as ordered by First Appellate Court under
Section 148 of Negotiable Instruments Act.1881, in
Crl.A.No.836/2023, pending on the file of LXIV Addl. City Civil
and Sessions Judge, Bengaluru.
4. Having heard the arguments and perused the records
which reveals ofcourse, the petitioner was convicted and
sentence to undergo imprisonment and pay fine as per the
judgment of Magistrate in C.C.No.5725/2019. Being aggrieved
by the conviction and sentence, the petitioner approached the
Sessions Judge in Crl.A.No.836/2023, while suspending the
sentence, the First Appellate Court ordered on 05.07.2023 to
deposit 20% of the fine amount as compensation. However,
NC: 2024:KHC:1041
the petitioner not complied the order within 3 months, as
ordered by this court. However, the petitioner counsel filed the
application on 06.10.2023 for extension of another 30 days for
complying the order which was rejected by the First Appellate
Court.
5. As per the provision of 148 of NI Act, 60 days
provided for depositing the interim compensation. However, 30
days can be extended if sufficient cause is shown. The
petitioner if not deposited the amount within 90 days,
therefore, the First appellate court has no power to extend any
further time, beyond 90 days. Therefore, the First Appellate
court rightly rejected the application or memo filed by the
petitioner for extension of time. However, the learned counsel
for the petitioner submits the petitioner is ready to deposit the
amount if some time is extended. Ofcourse the petitioner
sought 30 days from 6.10.2023, now already more than 3
months lapsed. Therefore, if some more time is extended it
will meet the ends of justice. Even otherwise this amount is
recoverable as fine under Section 431 read with 421 of Cr.P.C.
Such being the case, the petition deserves to be allowed.
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Accordingly, this petition is allowed.
The order of the First Appellate Court rejecting the
application or extension of time, is hereby set aside. One week
time is extended from the date of receipt of the copy of this
order, failing which the respondents are permitted to recover
the same, as per section 421 read with 431 of Cr.P.C.
Sd/-
JUDGE
AKV
CT:SK
