- 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, VIDYANAGARA, MANDYA CITY - 571 401. …RESPONDENT (BY SRI. G.M. ANANDA., ADVOCATE) 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: Digitally signed by KAVYA R Location: High Court of Karnataka - 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 - 3 - NC: 2025:KHC:3465 CRL.P No. 4983 of 2023 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. ORDER ON I.A.NO.1/2023 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." - 4 - NC: 2025:KHC:3465 CRL.P No. 4983 of 2023 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. - 5 - NC: 2025:KHC:3465 CRL.P No. 4983 of 2023 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