Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:3915 CRL.P No. 6007 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 6007 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN:
SRI RAJGOPAL K., S/O. KRISHNAPPA, AGED ABOUT 52 YEARS, DOOR NO. 759/3, KONEREPALLI VILLAGE AND POST, SHOOLAGIRI TALUK - 635 117, KRISHNAGIRI DISTRICT, TAMIL NADU. …PETITIONER (BY SRI. SWAMY SHIVA PRAKASH H., ADVOCATE)
AND:
SRI Y. M. DEVARAJ, S/O. MUNIYAPPA, AGED ABOUT 40 YEARS, BEHIND GOVT. JUNIOR COLLEGE, DESHIHALLI POST, BANGARPET TOWN - 563 114, BANGARPET TALUK. …RESPONDENT (BY SRI. SRINIVASAN T., ADVOCATE)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO SET ASIDE THE ORDER PASSED ON THE LEARNED III ADDITIONAL DISTRICT AND SESSIONS JUDGE AT KOLAR (SITTING AT K.G.F) IN CRL.RP.NO.3/2024 DATED 06.03.2024.
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
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NC: 2025:KHC:3915 CRL.P No. 6007 of 2024
ORAL ORDER
In this petition, petitioner seeks the following reliefs:
“Wherefore, the petitioner prays that this Hon’ble Court may be pleased to set aside the order passed on the learned III Additional District and Sessions Judge, Kolar (Sitting at K.G.F) in Crl.R.P.No.3/2024 dated 06.03.2024 and grant such other relief as this Hon’ble Court may deems fit under the circumstances of the case, in the interest of justice.”
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 pursuant to proceedings in C.C.No.360/2019 instituted by respondent/complainant against the petitioner/accused, the respondent vide the application under Section 143A of the Negotiable Instruments Act, 1881, seeking a direction to the petitioner to deposit 20% of the cheque amount. The said application having been rejected by the trial Court, respondent filed Criminal Revision Petition in Crl.R.P.No.3/2024 which was allowed by the Sessions Court vide impugned order dated 06.03.2024 directing the petitioner/accused to deposit 20% of cheque amount within a period of 60 days. Aggrieved by the impugned order
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NC: 2025:KHC:3915 CRL.P No. 6007 of 2024
passed by the Sessions Court, the petitioner is before this Court by way of the present petition.
4.
Learned counsel for the petitioner submits that the petitioner would deposit 10% of the cheque amount within a period of two months from today and trial Court may be directed to dispose of the main proceedings which are posted on 06.02.2025 as expeditiously as possible within a period of three months from
06.02.2025.
5.
Learned counsel for the respondent-complainant would oppose the said submission and submits that there is no merit in the petition and the same is liable to be dismissed.
6. Though several contentions have been urged by both sides in support of their respective claims, having regard to the undisputed fact that the proceedings in C.C.No.360/2019 are posted before the trial Court on 06.02.2025, without expressing any opinion on the merits / de-merits of the rival contentions, I deem it just and appropriate to dispose of this petition by modifying the impugned order passed in Crl.R.P.No.3/2024 and directing the petitioner to deposit 10% of the cheque amount instead of 20% as
directed in the impugned order and deposit the same within a
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NC: 2025:KHC:3915 CRL.P No. 6007 of 2024
period of two months from today. In addition thereto, the trail Court is directed to dispose of the proceedings within a period of three months from 06.02.2025.
7. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same.
8. Subject to the aforesaid observations and directions, the petition stands disposed of.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
MDS List No.: 2 Sl No.: 58