- 1 - HC-KAR NC: 2025:KHC:23745 CRL.P No. 4815 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 4815 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: MRS NAGASHREE W/O KRISHNA U HIRIYUR, AGED ABOUT 35 YEARS, R/AT NO. T-03, 3RD FLOOR, VARAHA RESIDENCY, GURUDHATHA LAYOUT, HOSAKEREHALLI, BENGALURU - 560 085. …PETITIONER (BY SRI. N GOWTHAM RAGHUNATH, ADVOCATE) AND: BHOOSIRI CHITS PVT LTD REGISTERED UNDER THE COMPANIES ACT, HAVING REGISTERED OFFICE AT NO. 11, 1ST FLOOR, DATTATREYA ROAD, NEAR NATIONAL CO OPERATIVE BANK LTD. BASAVANAGUDI, BENGALURU 560 004. REPRESENTED BY MANAGING DIRECTOR, B.Y.THIMMEGOWDA. …RESPONDENT (BY SRI. R. MADHUSUDHANA REDDY.,ADVOCATE) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 28.10.2024 IN CRL.A. NO.1710/2024 PENDING ADJUDICATION BEFORE THE LII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-53) AT BENGALURU (ANNEXURE-A) THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23745 CRL.P No. 4815 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner is aggrieved by the impugned order dated 28.10.2024 passed in Crl.A.No.1710/2024, whereby the 1st appellate Court suspended the judgment of conviction and sentence passed by the trial court by imposing conditions. 2. Heard learned counsel for the petitioner as well as learned counsel for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that aggrieved by the judgment of conviction and sentence dated 13.09.2024 passed by the learned Magistrate in C.C.No.39028/2022, the petitioner – accused filed the instant appeal in Crl.A.No.1710/2024, in which the 1st appellate court passed an order dated 28.10.2024 directing the petitioner to deposit 20% of the fine amount for the purpose of suspending the sentence passed against her. Aggrieved by which, the appellant – petitioner is before this Court by way of the present petition. - 3 - HC-KAR NC: 2025:KHC:23745 CRL.P No. 4815 of 2025 4. When the matter came up before this Court on 03.04.2025, this Court passed the following order:- “Issue emergent notice to the respondent. Interim order as prayed for subject to the petitioner depositing 10% of the cheque amount within a period of four weeks from today before the Trial Court”. 5. The aforesaid order passed by this Court directing the petitioner to deposit 10% of the fine amount has been complied with by her. Under these circumstances, no useful purpose would be served by keeping the present petition pending, which accordingly deserves to be disposed of by suitably modifying the impugned order passed by the 1st appellate court. 6. In the result, I pass the following:- ORDER (i) Petition is hereby disposed of. (ii) The impugned order dated 28.10.2024 passed in Crl.A.No.1710/2024 by the 1st appellate court is hereby modified by stipulating that the 10% of the fine amount is sufficient for the purpose of suspension of sentence and conviction passed by the trial court. - 4 - HC-KAR NC: 2025:KHC:23745 CRL.P No. 4815 of 2025 (iii) The 1st appellate court is directed to dispose of the appeal in accordance with law within a period of three months from the date of receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.