- 1 - HC-KAR NC: 2025:KHC:42942 CRL.P No. 14107 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14107 OF 2025 BETWEEN: M/S. SRINIVAS TRADING AND TRANSPORT R/BY ITS PROPRIETOR, SMT. NITHYASHREE, W/O RAJA, AGED ABOUT 35 YEARS, R/AT D.NO.4-199(9), 2ND FLOOR, B.J.M. COMPLEX, MARPADY VILLAGE, MOODABIDRE, DAKSHINA KANNADA-574 227. …PETITIONER (BY SMT./MISS. SHWETHA NAYAK N., ADVOCATE FOR SRI. DHANANJAY KUMAR, ADVOCATE (P/H)) AND: M/S. SRI RAM TRANSPORT FINANCE COMPANY LIMITED REGISTRED OFF 123, ANGAPPA NAYAK STREET, BRANCH OFFICE MOODABIDRE, DIVISIONAL OFFICE, MANGALORE-574 227, R/BY ITS OFFICER AND GPA HOLDER, K VASUDEV, AGED ABOUT 53 YEARS, S/O LATE K.L. BHAT. …RESPONDENT Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42942 CRL.P No. 14107 of 2025 THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO a) SET-ASIDE THE ORDER DATED 09.09.2025 PASSED BY THE I ADDL. DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU IN CRL.A.NO.271/2025; b) GRANT EXEMPTION TO THE PETITIONER FROM COMPLYING WITH CONDITION NO.1 OF THE ORDER DATED 09.06.2025 PASSED IN CRL.A.NO.271/2025 BY THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, DAKSHINA KANNADA, MANGALURU, WHICH DIRECTS DEPOSIT OF 20% OF THE CHEQUE AMOUNT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is aggrieved by the order dated 9.6.2025 passed in Crl.A.No.271/2025 by the Court of the I Additional District and Sessions Jude, D.K. Mangaluru, by virtue of which the Appellate Court has directed him to deposit 20% of the cheque amount within 60 days from its order. Petitioner has failed to deposit the said amount, hence, the Appellate Court has issued NBW and FLW. 2. Petitioner/accused has been convicted by the trial Court in CC No.1/2017 vide judgment dated 1.4.2025 - 3 - HC-KAR NC: 2025:KHC:42942 CRL.P No. 14107 of 2025 for the offence punishable under Section 138 of the N.I. Act and he is sentenced to pay a fine of Rs.23,45,000/-. While suspending sentence, the Appellate Court has imposed certain conditions including that 20% of the cheque amount shall be paid within the stipulated time. 3. Learned counsel for the petitioner submits that the petitioner is a woman, facing serious financial difficulties and if a reasonable time is granted, the 20% of the cheque amount as directed will be deposited before the Appellate Court. 4. The appeal which is pending before the I Additional District and Sessions Judge, Dakshina Kannada, Mangaluru, has to be heard on merits. 5. Considering the facts and circumstances of the case, a reasonable time can be granted to the petitioner to deposit 20% of the fine amount as ordered by the Appellate Court, to meet the ends of justice. Hence, the following: - 4 - HC-KAR NC: 2025:KHC:42942 CRL.P No. 14107 of 2025 ORDER i. Petitioner/accused is granted 15 days time to deposit 20% of the cheque amount as ordered in Crl.A.No.271/2025 by the Court of I Additional District and Sessions Court, D.K., Mangaluru, vide order dated 9.6.2025. ii. Subject to deposit, the NBW and FLW issued against the petitioner/accused on 10.9.2025 is quashed. iii. The learned Sessions Judge shall proceed further in accordance of law, if the deposit is not made within the time granted by this Court. iv. Petition is disposed of. I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 95