- 1 - NC: 2025:KHC:7998 CRL.P No. 1466 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1466 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: M/S MAHATHRU TECHNOLOGIES REPRESENTED BY ITS PROPRIETOR MRS. PRANITHA HG, W/O SHARATH GOWDA, AGE 37 YEARS, NO.18/2, 1ST FLOOR, 12TH CROSS, 8TH MAIN, WILSON GARDEN, BENGALURU- 560027. …PETITIONER (BY SRI. PRAMOD NAIR, SR. ADV. FOR SRI ANAND MUTTALLI, ADVOCATE) AND: M/S CREATIVE INFOTECH, REPRESENTED BY ITS PROPRIETOR, MR. MOHITH HEGDE, S108, 1ST FLOOR, SOUTH BLOCK, MANIPAL CENTRE, DICKENSON ROAD, BENGALURU- 560042. …RESPONDENT (BY SRI. MRC MANOHAR, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 20.01.2025 PASSED IN CRL.A.NO.119/2025 (ANNEXURE-A) PENDING ON THE FILE OF THE HON’BLE LXV ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENALURU (CCH-66) INSOFAR AS THE DIRECTION OF 20% DEPOSIT OF THE FINE AMOUNT IS CONCERNED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7998 CRL.P No. 1466 of 2025 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs: “a) Set aside the order dated 20.01.2025 passed in Crl.A.No.119/2025 (Annexure-A) pending on the file of the Hon’ble LXV Additional City Civil and Sessions Judge at Bengaluru (CCH-66) insofar as the direction of 20% deposit of the fine amount is concerned. b) Grant such other relief as this Hon’ble Court deems fit in the facts and circumstances of this case, in the interest of justice.” 2. A perusal of the material on record will indicate that the petitioner was the accused in C.C.No.60105/2018 filed by the respondent-complainant against the petitioner-accused which culminated in the order of conviction dated 19.12.2024 against the petitioner. Aggrieved by the said order, the petitioner approached the Sessions Court in Crl.A.No.119/2025 in which an application for suspension of sentence was allowed subject to the petitioner depositing 20% of the fine amount in terms of Section 148 of Negotiable Instruments Act, 1881. Aggrieved by the impugned order passed by the First Appellate Court insofar as it directs the - 3 - NC: 2025:KHC:7998 CRL.P No. 1466 of 2025 petitioner to deposit 20% of the fine amount, the petitioner is before this Court by way of the present petition. 3. Learned Senior Counsel for the petitioner submits that First Appellate Court may be directed to dispose of the main appeal within stipulated time frame by keeping the aforesaid condition in abeyance till disposal of the appeal. 4. Per contra, learned counsel for respondent No.2 on instructions submits that he has no objection for the First Appellate Court to dispose of the appeal at the earliest as stated supra. 5. In view of the aforesaid facts and circumstances, I deem it just and appropriate to dispose of the petition by issuing certain directions. 6. In the result, I pass the following: ORDER i) The petition is hereby disposed of. ii) The First Appellate Court before whom Crl.A.119/2025 is pending is directed to - 4 - NC: 2025:KHC:7998 CRL.P No. 1466 of 2025 prepone/advance the appeal from 21.03.2025 to 01.03.2025. iii) Liberty is reserved in favour of the petitioner and respondent to file preponement/advancement application before the First Appellate Court for the purpose of preponing/advancing the appeal from 21.03.2025 to 01.03.2025. iv) Upon such preponement/advancement of the appeal from 21.03.2025 to 01.03.2025, the First Appellate Court is directed to dispose of Crl.A.No.119/2025 within a period of 45 days from 01.03.2025. v) Appellant and respondent shall co-operate with the First Appellate Court for expeditious disposal of the appeal and shall not seek any unnecessary adjournment under any circumstances whatsoever. vi) The impugned order insofar as it directs the petitioner to deposit 20% of the fine amount shall - 5 - NC: 2025:KHC:7998 CRL.P No. 1466 of 2025 remain in abeyance till First Appellate Court dispose of the main appeal. vii) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 53