S H Rajendra vs M.S Prashanth
2025 Latest Caselaw 2937 Kant

Karnataka High Court

S H Rajendra vs M.S Prashanth on 27 January, 2025

Author: S.R.Krishna Kumar

Bench: S.R.Krishna Kumar

                                               -1-
                                                             NC: 2025:KHC:3465
                                                        CRL.P No. 4983 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 27TH DAY OF JANUARY, 2025

                                            BEFORE
                          THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
                               CRIMINAL PETITION NO. 4983 OF 2023
                 BETWEEN:

                 S.H. RAJENDRA,
                 S/O LATE HONNAIAH,
                 AGED ABOUT 41 YEARS,
                 R/AT SOMANAHALLLY VILLAGE,
                 MADDUR TALUK,
                 MANDYA DISTRICT - 571 429.
                                                                 ...PETITIONER
                 (BY SRI. SREENIVASAN M Y., ADVOCATE)

                 AND:

                 M.S. PRASHANTH,
                 S/O LATE B. SRIKANTASWAMY,
                 AGED ABOUT 44 YEARS,
                 R/AT NO.1657, 2ND CROSS,
Digitally
signed by        VIDYANAGARA,
KAVYA R          MANDYA CITY - 571 401.
Location: High                                                  ...RESPONDENT
Court of         (BY SRI. G.M. ANANDA., ADVOCATE)
Karnataka
                        THIS CRL.P. IS FILED U/S.482 OF CR.P.C., PRAYING TO SET
                 ASIDE THE ORDER PASSED BY THE I ADDL.DISTRICT JUDGE,
                 MANDYA IN CRL.A.NO.55/2023 DATED 11.05.2023 SO FAR IT
                 RELATES TO DEPOSITING 50 PERCENT OF THE FINE AMOUNT
                 BEFORE THE TRIAL COURT WITHIN THE NEXT DATE OF HEARING.

                        THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
                 ORDER WAS MADE THEREIN AS UNDER:
                                  -2-
                                                  NC: 2025:KHC:3465
                                           CRL.P No. 4983 of 2023




CORAM:     HON'BLE MR JUSTICE S.R.KRISHNA KUMAR


                            ORAL ORDER

This petition by the accused in C.C.No.551/2019 for the

offences punishable under Section 138 of the Negotiable

Instruments Act, 1881 (hereinafter referred as 'NI Act' for short), is

directed against the impugned order dated 11.05.2023, passed by

the first Appellate Court in Crl.Appeal No.55/2023, which directed

the petitioner to deposit 50% of the amount involved in the

transaction, including fine, in terms of Section 148 of the NI Act.

2. Heard the 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 would indicate that the

respondent-complainant instituted proceedings in C.C.No.551/2019

against the petitioner-accused under Section 138 of the NI Act. By

final judgment dated 10.04.2023, the trial court allowed the petition

and directed the petitioner-accused to pay a fine of Rs.4,20,000/-.

Aggrieved by the same, the petitioner-accused filed an appeal in

Crl.A.No.55/2023 and sought for an interim order of stay. By the

impugned order dated 11.05.2023, the first Appellate Court

NC: 2025:KHC:3465

exercised its powers under Section 148 of the NI Act and directed

the petitioner-accused to deposit 50% of the amount involved in the

transaction, including fine. Aggrieved by the impugned order

passed by the first Appellate Court, the petitioner is before this

court by way of the present petition.

4. On 19.06.2023, this court passed the following order:

"Heard the learned counsel for petitioner.

Issue emergent notice to the respondent.

This petition is preferred against an order dated 11.05.2023, passed by the I Additional District Judge, Mandya, in Crl.A.No.55/2023, directing the petitioner to deposit 50% of the amount involved in the transaction, including the fine.

Therefore, the order directing 50% appears to be on the higher side though the statute does no restrict higher amount. Learned counsel for the petitioner submits that 25% would be deposited within next three weeks. List the matter on 19.07.2023.

Till such time, the order dated 11.05.2023, passed in Crl.A.No.55/2023, pending before the I Additional District Judge, Mandya, shall remain stayed."

NC: 2025:KHC:3465

5. As can be seen from the aforesaid interim order passed

by this court, 25% of the amount involved in the transaction, as

directed by this court has been deposited by the petitioner in terms

of Section 148 of the NI Act. Under these circumstances, though

several contentions have been urged by both sides in support of

their respective claims, without expressing any opinion on the

merits/demerits of the rival contentions, I deem it just and proper to

dispose off this petition by modifying the impugned order passed by

the trial court and restricting the direction to pay only a sum

equivalent to 25% as directed by this court in the aforesaid interim

order and further direct the first Appellate Court to dispose off the

appeal as expeditiously as possible, in accordance with law.

6. In the result, I pass the following:

Order

i) The petition is hereby disposed of.

ii) The impugned order dated 11.05.2023, passed in Crl.A.No.55/2023 is modified directing that the order dated 10.04.2023, passed by the learned Magistrate shall remain stayed till the disposal of the appeal in view of the deposit of 25% of the amount by the petitioner pursuant to the interim order passed by this court.

NC: 2025:KHC:3465

iii) The first Appellate Court is directed to dispose of the appeal within a period of 2 months from the date of receipt of copy of this order.

iv) All rival contentions on all the aspects of the matter are kept open and no opinion is expressed on the same.

Sd/-

(S.R.KRISHNA KUMAR) JUDGE

RD