Karnataka High Court
Channabasappa S/O Basappa Sherewad vs Chetana Chits Haveri Private Ltd on 2 September, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-D:11239
CRL.P No. 101977 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 2ND DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 101977 OF 2025
(482(Cr.PC)/528(BNSS)
BETWEEN:
CHANNABASAPPA S/O BASAPPA SHEREWAD
AGE: 56 YEARS, OCC: BUSINESS
R/O.KADAPTTI, TQ. KUNDAGOL,
DIST. DHARWAD.
...PETITIONER
(BY SRI N.P. VIVEKMEHTA, ADVOCATE)
AND:
CHETANA CHITS, HAVERI PRIVATE LTD.
HAVERI BRANCH-HUBLI
HEAD OFFICE HAVERI,
REP.BY SRI PRASHANT BASAVARAJ BIJAPUR,
AGE: 31 YEARS, OCC: JUNIOR EXECUTIVE MANAGER,
Digitally CHETAN CHITS, HAVERI PRIVATE LTD.,
signed by
RAKESH S
RAKESH HARIHAR
DIST. HAVERI-581110.
S Location:
HIGH
HARIHAR COURT OF
...RESPONDENT
KARNATAKA
DHARWAD
(BY SRI. S.G.KADADAKATTI, AMIT ANANDHALI
BENCH
AND RAHUL D.K., ADVOCATES)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF
BNSS), SEEKING TO MODIFY THE ORDER OF PRINCIPAL DISTRICT
AND SESSION JUDGE, HAVERI DATED 21.03.2025 PASSED IN
CRL.APPL.NO.50/2025 IN SO FAR IMPOSING CONDITION THAT TO
DEPOSIT OF 20% OF FINE AMOUNT WITH STATUTORY PERIOD.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2025:KHC-D:11239
CRL.P No. 101977 of 2025
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
1. Petitioner is before this Court under Section 482
of Cr.P.C. with a prayer to modify the order dated
21.03.2025 passed by the Court of Principal District and
Sessions Judge, Haveri in Criminal Appeal No.50 of 2025,
insofar as it relates to directing him to deposit 20% of the
fine amount while suspending the order of sentence passed
against him by the Trial Court.
2. Heard the learned counsel for the parties.
3. Learned counsel for the petitioner submits that
petitioner was facing certain financial problems and
therefore, he could not deposit 20% of the fine amount
within time. Petitioner is ready and willing to deposit 20% of
the fine amount before the Trial Court if some breathing
time is granted to him.
4. Per contra, learned counsel for respondent
submits that petitioner could have filed application before
the Appellate Court seeking extension of time to deposit
NC: 2025:KHC-D:11239
HC-KAR
20% of the fine amount instead of filing the present
criminal petition. He accordingly prays to dismiss the
petition.
5. Material on record would go to show that
petitioner was convicted for offence punishable under
Section 138 of the Negotiable Instruments Act by the Court
of Principal Civil Judge and JMFC Haveri, by judgment and
order dated 28.02.2025 passed in C.C. No.3215 of 2021
and was sentenced to pay fine amount of Rs.11,66,800/-
and in default to undergo simple imprisonment for a period
of three months. Petitioner had preferred Criminal Appeal
No.50 of 2025 before the Court of Principal District and
Sessions Judge, Haveri against the aforesaid judgment and
order of conviction and sentence passed against him for
offence punishable under Section 138 of the Negotiable
Instrument Act and the Appellate Court by the order dated
21.03.2025 while suspending the order of sentence passed
against the petitioner had imposed certain conditions.
NC: 2025:KHC-D:11239
HC-KAR
Condition No.1 imposed by the Appellate Court reads as
follows:
"1) He shall deposit 20% of the fine
imposed by Trial Court before Trial Court within
statutory period."
6. Assailing the aforesaid condition, petitioner is
before this Court.
7. Learned counsel for the petitioner has submitted
that if some breathing time is granted, he will deposit 20%
of fine amount before the Trial Court. I find no good reason
to reject the said submission made by learned counsel for
the petitioner and if the petitioner is granted some
reasonable time to comply with the condition imposed by
the Appellate Court, the respondent will not be put into any
hardship. Accordingly, the following:
ORDER
Criminal Petition is partly allowed. The petitioner is
granted further two weeks' time from the date of receipt of
certified copy of this order to deposit 20% of the fine
NC: 2025:KHC-D:11239
HC-KAR
amount before the Trial Court as directed by the Court of
Principal District and Sessions Judge, Haveri in Criminal
Appeal No.50 of 2025 vide order dated 21.03.2025.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
RSH
CT:GSM
