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2025 DAILYLAW 31115 (KAR)

PUNEET SIDDEGOWDA v. Y C HUCHUMASTI GOWDA

CRL.P/8031/2024 · 2025-03-11

Hemant Chandangoudar

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Judgment text

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- 1 - NC: 2025:KHC:10355 CRL.P No. 8031 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 8031 OF 2024 BETWEEN: 1. PUNEET SIDDEGOWDA S/O SIDDEGOWDA, AGED ABOUT 38 YEARS, NO.196, 6TH A CROSS, NEAR SANJEEVINI PARK, JHALADARSHINI LAYOUT, SANJAY NAGAR, BANGALORE-560 094. …PETITIONER (BY SRI. VINOD KUMAR, ADVOCATE) AND: 1. Y C HUCHUMASTI GOWDA S/O CHANNEGOWDA, AGED ABOUT 69 YEARS, SOUHARDA, PARAMAHAMSA ROAD, PRAMOD LAYOUT, BANGALORE-560 039. …RESPONDENT (BY SRI. SATHYANARAYANA S. CHALKE, ADVOCATE FOR SRI. BHARATH K., ADVOCATE) THIS CRL.P IS FILED U/S. 482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 27.07.2024 IN CRL.RP.NO.594/2023 PASSED BY THE LII ADDITIONAL CITY CIVIL AND SESSION JUDGE, BANGALORE AND SET ASIDE THE ORDER DATED 23.08.2023 IN CC.NO.23882/2021 PASSED BY THE XXII ACMM, BANGALORE, THE ACCUSED IS DIRECTED TO DEPOSIT 5% OF THE CHEQUE AMOUNT WITHIN 60 DAYS FROM THE DATE OF THE ORDER AND ETC. Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:10355 CRL.P No. 8031 of 2024 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner-accused, who is facing trial for an offence punishable under Section 138 of the N.I. Act, has approached this Court challenging the order passed by the Trial Court on an application filed under Section 143(A) of the N.I. Act. By this order, the petitioner-accused was directed to deposit 5% of the cheque amount, which was subsequently confirmed by the learned Sessions Judge vide order dated 27.07.2024 in Crl.RP No. 594/2023. 2. Heard the learned counsel for the petitioner and the learned counsel for the respondent. 3. The impugned order was passed on 23.08.2023, although the case was registered in 2021. The interim order granted by this Court on 20.08.2024 remains in effect as of today. The matter is currently set for the cross-examination of PW1. Therefore, it is appropriate to continue the interim order granted by this Court. 4. Accordingly, the petition is disposed of with a direction to * the learned XXII Additional Chief Metropolitan Magistrate, * Deleted vide Court order dated 27.03.2025 - 3 - NC: 2025:KHC:10355 CRL.P No. 8031 of 2024 Bangalore City, in CC No. 23882/2021, within three months from the next date of hearing. 5. Needless to say, the petitioner shall cooperate with the trial, and the Trial Court shall pass appropriate orders in accordance with the law. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 1 Sl No.: 118