Karnataka High Court
Mr. Ramavatar M.R vs Ms. Ahuja Continental Pvt Ltd on 5 February, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2025:KHC:5314
CRL.P No. 3120 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO. 3120 OF 2024 (482(Cr.PC) / 528(BNSS)
BETWEEN:
MR. RAMAVATAR M.R.
AGED ABOUT 56 YEARS
PROP OF M/S KUSHAL MARKETING
AT NO 15/4/192,
NEAR OLD BUS DEPOT, GOWLIGUDA
HYDERABAD 500 012.
...PETITIONER
(BY SRI. CHIKKANAGOUDAR L.S., ADVOCATE)
AND:
MS. AHUJA CONTINENTAL PVT LTD
OFFICE SITUATED AT 11TH FLOOR
MITTAL TOWERS, 'A' WING, M G ROAD
BENGALURU 560 001
REPRESENTED BY ITS MANAGER
MR MUKESH CHAUHAN.
...RESPONDENT
(BY SRI. VENKATRAM, ADVOCATE)
Digitally signed by THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO SET ASIDE THE
LEELAVATHI S R CONDITIONS WHILE PASSING THE ORDER OF SUSPENSION OF
Location: High SENTENCE AS ORDERED BY THE LEARNED JUDGE OF THE TRIAL
Court of COURT VIZ., XVIII ADDL. CMM, BENGALURU CITY, DATED 10.11.2023 IN
Karnataka C.C.NO.27588/2019 DIRECTING THE PETITIONERS TO DEPOSIT 20% OF
87,53,000/- FINE AMOUNT AND TO EXECUTE THE PERSONAL BOND FOR
THE BALANCE AMOUNT, TO THE SATISFACTION OF THE TRIAL COURT
ON OR BEFORE 08.01.2024 AND IN DEFAULT TO FORTHWITH
SURRENDER BEFORE THE LEARNED JUDGE OF THE TRIAL COURT TO
UNDERGO THE SENTENCE OF IMPRISONMENT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
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CRL.P No. 3120 of 2024
ORAL ORDER
In this petition, the petitioner seeks the following reliefs:
"i. the impugned order Annexure-A dated 08.11.2023
passed in Crl. Appeal No.1588/2023 by the learned LII
Additional City Civil & Sessions Judge, Bangalore City (CCH
No.53) staying the operation of Judgment of conviction of
sentence passed by learned XXVIII ACMM Bangalore dated
10.10.2023 in CC No.27588/2019 till next date of hearing but
imposing the following conditions viz., (i) the Appellant shall
deposit 20% of the fine amount (20% of Rs.87,53,000/-) and
to execute personal bond for the balance of the amount to
the satisfaction of the lower court on or before 08.01.2024 &
(ii) in case of noncompliance of condition (i) stated above, he
shall immediately surrender before the Trial Court to undergo
the sentence by which the Petitioner is highly aggrieved may
kindly be set aside; and
ii. may be pleased to grant such other relief/s or issue
such other directions and to pass such other orders as this
Hon'ble Court deem fit to grant, in the facts and
circumstances of the case; in the ends of justice and equity.
2. Heard learned counsel for the petitioner and learned
counsel for the respondent and perused the material on record.
3. A perusal of the material on record will indicate that the
respondent-complainant instituted proceedings in
C.C.No.27588/2019 before the learned Magistrate for the offences
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punishable under Section 138 of the N.I. Act against the petitioner-
accused, who contested the proceedings, which culminated in an
order of conviction dated 10.10.2023 directing the petitioner to pay
fine amount of Rs.87,53,000/- to the respondent. Aggrieved by the
said order of the learned Magistrate, the petitioner herein filed an
appeal in Crl.A.No.1588/2023, in which he filed an application
under Section 389 Cr.P.C., seeking stay of the order of the learned
Magistrate. By the impugned order dated 08.11.2023, the Appellate
Court stayed the operation of the judgment/order of the Trial Court
subject to the petitioner depositing 20% of the fine amount.
Aggrieved by the impugned order, the petitioner is before this Court
by way of the present petition.
4. Learned counsel for the petitioner submits that as
against 20% of the fine amount, the petitioner will deposit Rs.10
Lakhs within 15 days from today and the First Appellate Court may
be directed to dispose of the appeal on merits and in accordance
with law.
5. Per contra, learned counsel for the respondent-
complainant submits that he has no objection for the impugned
order to be modified by directing the petitioner to deposit Rs.10
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Lakhs as against 20% of the fine amount as directed by the First
Appellate Court. It is however submitted that the First Appellate
Court may be directed to dispose of Crl.A.No.1588/2023, which
presently stands posted on 12.02.2025, as expeditiously as
possible and within a stipulated timeframe.
6. In view of the aforesaid facts and circumstances,
without expressing any opinion on the merits/demerits of the rival
contentions in Crl.A.No.1588/2023 pending before the First
Appellate Court, I deem it just and appropriate to dispose of this
petition by modifying the impugned order passed by the First
Appellate Court directing the petitioner to deposit Rs.10 Lakhs on
or before 19.02.2025. In addition thereto, the First Appellate Court
shall dispose of Crl.A.No.1588/2023, within a period of one month
from 12.02.2025. All rival contentions on all aspects of the matter
are kept open and no opinion is expressed on the same.
7. Subject to the aforesaid observations and directions,
the petition stands disposed of.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
