- 1 - HC-KAR NC: 2025:KHC-D:11239 CRL.P No. 101977 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 101977 OF 2025 (482(Cr.PC)/528(BNSS) BETWEEN: CHANNABASAPPA S/O BASAPPA SHEREWAD AGE: 56 YEARS, OCC: BUSINESS R/O.KADAPTTI, TQ. KUNDAGOL, DIST. DHARWAD. …PETITIONER (BY SRI N.P. VIVEKMEHTA, ADVOCATE) AND: CHETANA CHITS, HAVERI PRIVATE LTD. HAVERI BRANCH-HUBLI HEAD OFFICE HAVERI, REP.BY SRI PRASHANT BASAVARAJ BIJAPUR, AGE: 31 YEARS, OCC: JUNIOR EXECUTIVE MANAGER, CHETAN CHITS, HAVERI PRIVATE LTD., DIST. HAVERI-581110. …RESPONDENT (BY SRI. S.G.KADADAKATTI, AMIT ANANDHALI AND RAHUL D.K., ADVOCATES) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO MODIFY THE ORDER OF PRINCIPAL DISTRICT AND SESSION JUDGE, HAVERI DATED 21.03.2025 PASSED IN CRL.APPL.NO.50/2025 IN SO FAR IMPOSING CONDITION THAT TO DEPOSIT OF 20% OF FINE AMOUNT WITH STATUTORY PERIOD. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11239 CRL.P No. 101977 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Petitioner is before this Court under Section 482 of Cr.P.C. with a prayer to modify the order dated 21.03.2025 passed by the Court of Principal District and Sessions Judge, Haveri in Criminal Appeal No.50 of 2025, insofar as it relates to directing him to deposit 20% of the fine amount while suspending the order of sentence passed against him by the Trial Court. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner submits that petitioner was facing certain financial problems and therefore, he could not deposit 20% of the fine amount within time. Petitioner is ready and willing to deposit 20% of the fine amount before the Trial Court if some breathing time is granted to him. 4. Per contra, learned counsel for respondent submits that petitioner could have filed application before the Appellate Court seeking extension of time to deposit - 3 - HC-KAR NC: 2025:KHC-D:11239 CRL.P No. 101977 of 2025 20% of the fine amount instead of filing the present criminal petition. He accordingly prays to dismiss the petition. 5. Material on record would go to show that petitioner was convicted for offence punishable under Section 138 of the Negotiable Instruments Act by the Court of Principal Civil Judge and JMFC Haveri, by judgment and order dated 28.02.2025 passed in C.C. No.3215 of 2021 and was sentenced to pay fine amount of Rs.11,66,800/- and in default to undergo simple imprisonment for a period of three months. Petitioner had preferred Criminal Appeal No.50 of 2025 before the Court of Principal District and Sessions Judge, Haveri against the aforesaid judgment and order of conviction and sentence passed against him for offence punishable under Section 138 of the Negotiable Instrument Act and the Appellate Court by the order dated 21.03.2025 while suspending the order of sentence passed against the petitioner had imposed certain conditions. - 4 - HC-KAR NC: 2025:KHC-D:11239 CRL.P No. 101977 of 2025 Condition No.1 imposed by the Appellate Court reads as follows: “1) He shall deposit 20% of the fine imposed by Trial Court before Trial Court within statutory period.” 6. Assailing the aforesaid condition, petitioner is before this Court. 7. Learned counsel for the petitioner has submitted that if some breathing time is granted, he will deposit 20% of fine amount before the Trial Court. I find no good reason to reject the said submission made by learned counsel for the petitioner and if the petitioner is granted some reasonable time to comply with the condition imposed by the Appellate Court, the respondent will not be put into any hardship. Accordingly, the following: ORDER Criminal Petition is partly allowed. The petitioner is granted further two weeks’ time from the date of receipt of certified copy of this order to deposit 20% of the fine - 5 - HC-KAR NC: 2025:KHC-D:11239 CRL.P No. 101977 of 2025 amount before the Trial Court as directed by the Court of Principal District and Sessions Judge, Haveri in Criminal Appeal No.50 of 2025 vide order dated 21.03.2025. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH CT:GSM List No.: 1 Sl No.: 60