- 1 - 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) THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO SET ASIDE THE CONDITIONS WHILE PASSING THE ORDER OF SUSPENSION OF SENTENCE AS ORDERED BY THE LEARNED JUDGE OF THE TRIAL COURT VIZ., XVIII ADDL. CMM, BENGALURU CITY, DATED 10.11.2023 IN 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 Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5314 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 - 3 - NC: 2025:KHC:5314 CRL.P No. 3120 of 2024 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 - 4 - NC: 2025:KHC:5314 CRL.P No. 3120 of 2024 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 BMC: List No.: 2 Sl No.: 13