- 1 - HC-KAR NC: 2025:KHC:21026 WP No. 17965 of 2024 C/W WP No. 17837 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 17965 OF 2024 (GM-RES) C/W WRIT PETITION NO. 17837 OF 2024 (GM-RES) IN WP No.17965/2024: BETWEEN: SRI. H.S. DEVARAJU S/O LATE SHANTHA MALLEGOWDA, AGED ABOUT 68 YEARS, R/AT NO.142, HIREKOLALE VILLAGE AND POST, CHIKKAMAGALORE-577 168. …PETITIONER (BY SRI. DILIP KUMAR I.S., ADVOCATE) AND: SMT. SHAMANTHA KUMARI W/O P.N. NAGARAJ, AGED ABOUT 50 YEARS, R/A VINAYAKA ESTATE, BYAGADAHALLI VILLAGE, KAIMARA POST, CHIKKAMAGALURU TALUK. PIN: 577101 …RESPONDENT (BY SRI. RAVIKUMAR N.R., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO SET ASIDE THE ORDER OF PRE-CONDITION OF DEPOSIT OF 20% OF THE FINE AMOUNT PASSED IN CRL. A. NO.84/2024 WHILE SUSPENDING THE SENTENCE DATED Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21026 WP No. 17965 of 2024 C/W WP No. 17837 of 2024 10.06.2024 PASSED ON I.A. NO.1 AT ANNEXURE-A BY THE I ADDITIONAL DISTRICT AND SESSION JUDGE, CHIKKAMAGALURU. IN WP NO. 17837/2024 BETWEEN: SRI. H.S. DEVARAJU S/O LATE SHANTHA MALLEGOWDA, AGED ABOUT 68 YEARS, R/AT NO.142, HIREKOLALE VILLAGE AND POST, CHIKKAMAGALORE-577 168. ...PETITIONER (BY SRI. DILIP KUMAR I.S., ADVOCATE) AND: SRI. P.N. NAGARAJU S/O LATE NINGAPPA, AGED ABOUT 70 YEARS, R/A VINAYAKA ESTATE, BYAGADAHALLI VILLAGE, KAIMARA POST, CHIKKAMAGALURU TALUK. PIN: 577101. ...RESPONDENT (BY SRI. RAVIKUMAR N.R., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO SET ASIDE THE ORDER OF PRE-CONDITION OF DEPOSIT OF 20% OF THE FINE AMOUNT PASSED WHILE SUSPENDING THE SENTENCE IN CRL. A. NO.85/2024 DATED 10.06.2024 PASSED ON IA NO.1 AT ANNEXURE-A BY THE I ADDITIONAL DISTRICT AND SESSION JUDGE, CHIKKAMAGALURU. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:21026 WP No. 17965 of 2024 C/W WP No. 17837 of 2024 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER W.P.No.17965/2024 is filed for the following reliefs: "a. To set aside the order of pre-condition of deposit of 20% of the fine amount passed in Crl.A.No.84/2024 while suspending the sentence dated 10/06/2024 passed on IA. No.1 at Annexure-A by the I Additional District and Session Judge, Chikkamagaluru. b. Pass such other appropriate order/s deemed fit to pass under the facts and circumstances of the case, in the interest of justice and equity. 2. W.P.No.17837/2024 is filed for the following reliefs: "a. To set aside the order of pre-condition of deposit of 20% of the fine amount passed while suspending the sentence in Crl.A.No.85/2024 dated 10/06/2024 passed on I.A.No.1 at Annexure- A by the I Additional District & Sessions Judge, Chikkamagaluru. b. Pass such other appropriate order/s deemed fit to pass under the facts and circumstances of the case, in the interest of justice and equity." - 4 - HC-KAR NC: 2025:KHC:21026 WP No. 17965 of 2024 C/W WP No. 17837 of 2024 3. Heard the learned counsel for the petitioner and the learned counsel for the respondents and perused the material on record in both the petitions. 4. In both these petitions, on perusal of the record will indicate that the petitioner/H.S.Devaraju is the accused in C.C.Nos.1650/2019 and 1517/2019 filed by the respondent/complainant, who are husband and wife having instituted the said proceedings against the petitioner/common accused in both the petitions. 5. The aforesaid proceedings having been instituted by the respondent/complainant in C.C.Nos.1650/2019 and 1517/2019 culminated in a sentence and conviction of the petitioner in both the petitions vide judgment dated 06.05.2024. 6. Aggrieved by the said judgments passed by the Trial Court, petitioner filed appeals in Crl.A.Nos.84/2024 and 85/2024 in which he sought stay of the judgment of conviction and order of sentence passed by the Trial Court. By the impugned orders dated 10.06.2024, the First Appellate Court stayed the operation and - 5 - HC-KAR NC: 2025:KHC:21026 WP No. 17965 of 2024 C/W WP No. 17837 of 2024 implementation of the judgment of conviction and order of sentence passed by the Trial Court subject to the condition that the petitioner shall deposit 20% of the fine amount in both the cases as contemplated under Section 148 of the Negotiable Instruments Act. Aggrieved by the impugned orders directing the petitioner to deposit 20% of the fine amount imposed by the Trial Court, the petitioner is before this Court by way of present petitions. 7. The learned counsel for the petitioner on instructions submits that the petitioner is aged about 68 years and he is suffering from chronic illness apart from the fact that he is insolvent and bankrupt and has already instituted insolvency proceedings in I.C.No.1/2020 before the Civil Court and as such, it is necessary that the impugned orders directing him to deposit 20% of the fine amount be set aside and the said deposit be waived and First Appellate Court be directed to dispose off the appeals on merits. It is submitted that if the impugned orders directing the petitioner to deposit 20% of the fine amount are set aside, the petitioner will cooperate with expeditious disposal of the appeals. In support of the contentions, he places reliance upon the following judgments of the Hon'ble Apex Court: - 6 - HC-KAR NC: 2025:KHC:21026 WP No. 17965 of 2024 C/W WP No. 17837 of 2024 1. Jamboo Bhandari Vs. M.P.State Industrial Development Corporation Ltd & others - 2023(10) SCC 446; 2. Puneet Saluja Vs. State and another - 2024(1) DCR 574; 3. Chamkaur Singh Vs. The Moga Central Co-Op Bank Ltd. - 2023 NCPHHC 151528; 4. Dilip S. Dahanukar Vs. Kotak Mahindra Co.Ltd & Anr. - 2007 (2) Crimes 435. 8. Per contra, the learned counsel for the respondent submits that there is no merit in the petitions and that the same are liable to be dismissed. 9. A perusal of the material on record would indicate that the inability and omission on the part of the petitioner to deposit 20% of the fine amount is due to bonafide reasons, unavoidable circumstances and there is a sufficient cause, in as much as, the petitioner being aged about 68 years, he is suffering from chronic illness and has instituted insolvency proceedings before filing the instant appeals. It is also a matter of record and an undisputed fact that the appeals are posted before the First Appellate Court on 25.06.2025. - 7 - HC-KAR NC: 2025:KHC:21026 WP No. 17965 of 2024 C/W WP No. 17837 of 2024 10. Under these circumstances, though several contentions have been urged by both sides in support of their respective claims, without expressing any opinion on the merit, demerit of rival contentions, I deem it just and appropriate to set aside the impugned orders in so far as it related to directing the petitioner to deposit 20% of the fine amount and by directing the First Appellate Court to dispose of both the appeals on merits within a period of two months from the date of receipt of a copy of this order. 11. In the result, petitions are hereby allowed. The impugned orders dated 10.06.2025 passed in Crl.A.Nos.84/2025 and 85/2025 directing the petitioner to deposit 20% of the fine amount are hereby set aside without prejudice to the rights and contentions of the parties. 12. The First Appellate Court is directed to dispose of both the appeals on merits within a period of two months from the date of receipt of a copy of this order. - 8 - HC-KAR NC: 2025:KHC:21026 WP No. 17965 of 2024 C/W WP No. 17837 of 2024 13. All rival contentions of the parties on all aspects of the matter are kept open and no opinion is expressed on the same. 14. It is made clear that this order is passed in the peculiar/special facts and circumstances of the instant case and the same shall not be treated as the precedent nor shall the same carry any precedential value under any circumstances, whatsoever. Sd/- (S.R.KRISHNA KUMAR) JUDGE HJ/SRL List No.: 1 Sl No.: 40