- 1 - HC-KAR NC: 2025:KHC:23144 CRL.P No. 11958 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 11958 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: M/S.SAMPOORNA CHAMBERS OWNERS’ ASSOCIATION, REPRESENTED BY ITS SECRETARY, SRI.Y. N. SATHYANARAYANA RAO, OFFICE AT UNIT SF-7, 2ND FLOOR, NO. 13, SAMPOORNA CHAMBERS, VASAVI TEMPLE STREET, VV PURAM, BANGALORE – 560 004. …PETITIONER (BY SRI. SRIKANTH S., ADVOCATE) AND: 1. SAMPOORNA BUILDERS NOW PRIMA ESTATE, OFFICE AT IBACO ICE CREAM PARLOUR, NO.146, 50 FEET ROAD, I BLOCK, III PHASE, BSK III STAGE, BENGALURU – 560 085, REPRESENTED BY ITS AUTHORISED SIGNATORY SRI. V. RAGHAVENDRA 2. V. RAGHAVENDRA, SON OF LATE. VASUDEVACHAR, AGED ABOUT 54 YEARS, SAMPOORNA BUILDERS NOW PRIMA ESTATE, RESIDING AT NO.241/A, “KANASU”, 2ND BLOCK, 3RD PHASE, BSK III STAGE, BENGALURU – 560 085 …RESPONDENTS Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23144 CRL.P No. 11958 of 2024 THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 05.08.2024 IN CRL.A.NO.1283/2023 WHEREIN THE HON’BLE LXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BANGALORE HAS ALLOWED THE IAs UNDER SECTION 389 (1) OF CRIMINAL PROCEDURE CODE (IA NO.1) AND UNDER SECTION 148 OF THE NEGOTIABLE INSTRUMENT ACT 1881 (IA NO.2), THEREBY STAYING THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE PASSED IN CC NO.8965/2021 DATED 08.08.2023 AND DISPENSING THE RESPONDENT FROM DEPOSITING 20% OF THE FINE AMOUNT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs: a. To set aside the Order dated 05.08.2024 in Crl.A.No.1283/2023, wherein the Hon’ble LXV Additional City Civil and Sessions Judge, at Bangalore has allowed the IAs under Section 389 (1) of Criminal Procedure Code (IA No.1) and under Section 148 of the Negotiable Instrument Act 1881 (IA No.2), thereby staying the judgment and order of conviction and sentence passed in C.C.No.8965/2021 dated 08.08.2023 and dispensing the Respondents from depositing 20% of the fine amount. b. To grant any such further and other orders and/or directions as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case. - 3 - HC-KAR NC: 2025:KHC:23144 CRL.P No. 11958 of 2024 2. Though several contentions have been urged by both sides in support of their respective claims, having regard to the undisputed fact that the appeal in Crl.A.No.1283/2023 is pending before the LXV Additional City Civil and Sessions Judge, Bengaluru, without expressing any opinion on the merits / de-merits of the rival contentions, I deem it just and appropriate to dispose of this petition reserving liberty in favour of the parties to urge all contentions in the aforesaid appeal before the Sessions Court, who shall adjudicate upon the matter after providing sufficient and reasonable opportunity to both the parties and dispose of the proceedings within a period of three months from the date of receipt of copy of this order without being influenced by the findings and observations recorded in the impugned order. 3. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. 4. Subject to the aforesaid directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 3 Sl No.: 16