Sri Nagaraju vs Sri B S Chikkaswamy
2025 Latest Caselaw 2229 Kant

Karnataka High Court

Sri Nagaraju vs Sri B S Chikkaswamy on 4 August, 2025

                                             -1-
                                                           NC: 2025:KHC:30086
                                                    CRL.P No. 10900 of 2025


                   HC-KAR



                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 4TH DAY OF AUGUST, 2025

                                           BEFORE
                   THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
                             CRIMINAL PETITION NO. 10900 OF 2025
                   BETWEEN:

                      SRI. NAGARAJU
                      S/O NANJACHARI,
                      AGED ABOUT 61 YEARS,
                      R/A. URDIGERE VILLAGE - 572 140.
                      TUMAKURU TALUK AND DISTRICT.
                                                                ...PETITIONER
                   (BY SRI. SIDDARAMAIAH V B., ADVOCATE)

                   AND:

                      SRI. B. S. CHIKKASWAMY
                      S/O SIDDAIAH,
                      AGED ABOUT 73 YEARS,
                      R/A. "MANJUSHREE NILAYA,
                      SRINAGARA, DEVARAPATTANA POST,
Digitally signed
by NAGARAJA B         TUMAKURU - 572 104.
M                                                              ...RESPONDENT
Location: HIGH
COURT OF
KARNATAKA
                         THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
                   SET ASIDE THE ORDER DATED 14.07.2025, PASSED BY THE
                   3RD ADDL. DIST AND SESSIONS JUDGE, TUMAKURU, PASSED
                   IN CRL.A NO.43/2025 REJECTING THE MEMO DATED
                   01.07.2025, FILED BY THE PETITIONER FOR EXTENSION OF
                   TIME TO COMPLY INTERIM ORDER DATED 29.05.2025 AND
                   ETC.,

                       THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
                   ORDER WAS MADE THEREIN AS UNDER:
                                -2-
                                             NC: 2025:KHC:30086
                                       CRL.P No. 10900 of 2025


HC-KAR



CORAM:       HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM


                         ORAL ORDER

The petitioner who is convicted for the offence

punishable under Section 138 of Negotiable Instruments

Act, 1881, has preferred an appeal in Crl.A.No.43/2025.

The Appellate Court while suspending the judgment of

conviction and sentence directed the petitioner to deposit

20% of the penalty amount within 30 days. This order is

dated 29.05.2025. A memo was filed seeking extension of

time. The said memo is also rejected.

2. This Court is of the view that the petitioner

having secured a conditional order vide order dated

29.05.2025 cannot go on seeking extension of time by

filing a memo.

3. However, it is made clear that in the event

petitioner deposits 20% of the amount before the

Appellate Court and files an application, the interim order

NC: 2025:KHC:30086

HC-KAR

granted on 29.05.2025 shall be extended after notifying

the complainant.

4. With these observations, the petition stands

disposed of.

SD/-

(SACHIN SHANKAR MAGADUM) JUDGE

CA