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High Court of Karnataka · body

2025 DAILYLAW 40308 (KAR)

MR. S. MANSOOR AHMED v. SRI. C. T. ASWATHNARAYANA CHARI

CRL.P/16136/2025 · 2025-12-11

Mohammad Nawaz

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:52666 CRL.P No. 16136 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 16136 OF 2025 BETWEEN: MR. S. MANSOOR AHMED S/O LATE SHAMIR SAB AGED ABOUT 63 YEARS R/AT, LUCKY STAR MUNDY 7TH BLOCK, KURUBARAPETE, BAGEPALLI TOWN, CHIKKABALLAPURA DISTRICT - 561 207. …PETITIONER (BY SRI. ARUN KUMAR G., ADV. FOR SRI H.VENKATESHA DODDERI.,ADVOCATE) AND: SRI. C.T. ASWATHNARAYANA CHARI S/O G.K. THIMMACHARI AGED ABOUT 63 YEARS R/AT NO.736, 3RD CROSS, WARD NO.23, T.A.P.C.M.S. ROAD, CHAMARAJAPETE, CHIKKABALLAPURA TOWN-562101. …RESPONDENT THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE IMPUGNED JUDGMENT OF CONVICTION AND SENTENCE DATED 02.08.2018 PASSED BY 1ST ADCL.CIVIL JUDGE AND JMFC AT CHIKKABALLAPURA IN CC NO.417/2010 AND CONFIRMED BY PRL.DISTRICT AND SESSIONS JUDGE, AT CHIKKABALLAPURA IN CRL.A NO.61/2018 DATED 12.03.2020 AND DIRECT THE TRIAL COURT RELEASE THE PETITIONER. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:52666 CRL.P No. 16136 of 2025 THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner was convicted for an offence punishable under Section 138 of the NI Act. He was sentenced to undergo S.I for a period of 6 (six) months and to pay a fine of ₹1,31,000/-, in default of payment of fine to undergo S.I for a period of 3 (three) months, by the Court of I Additional Civil Judge and JMFC at Chikkaballapura in C.C.No.417 of 2010, vide order dated 02.08.2018. 2. Criminal Appeal No.61/2018, preferred before the Court of Principal District and Sessions Judge at Chikkaballapur was dismissed vide judgment dated 12.03.2020, wherein the judgment of conviction and sentence passed by the trial Court was confirmed. 3. The Criminal Revision Petition preferred before this Court in Crl.RP.No.1706 of 2025 was dismissed on the ground of delay, vide Order dated 18.11.2025. - 3 - HC-KAR NC: 2025:KHC:52666 CRL.P No. 16136 of 2025 4. Learned counsel for the petitioner submits that, before the Trial Court itself the petitioner had deposited ₹65,500/- out of the fine amount and now he is ready to pay the balance amount of ₹65,500/-. He submits that the petitioner has been taken into custody on 25.10.2025 and therefore, seeks to pass necessary orders. 5. The Order Sheet of the Trial Court dated 22.09.2018 goes to show that the petitioner has deposited a sum of ₹65,500/-. According to the petitioner, there is a balance of another ₹65,500/-, which he has undertaken to deposit before the Trial Court. 6. In view of the undertaking, the petitioner can be permitted to deposit the said amount before the trial court within a reasonable time. 7. The petitioner shall deposit the balance amount before the Trial Court on or before 19.12.2025. The Learned Magistrate shall accept the said deposit and after confirming the full payment, shall release the accused from custody. - 4 - HC-KAR NC: 2025:KHC:52666 CRL.P No. 16136 of 2025 The complainant is entitled to withdraw the amount in deposit. With the above observation, the petition is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE rs List No.: 1 Sl No.: 24