- 1 - HC-KAR NC: 2025:KHC:46625 CRL.P No. 14855 of 2025 C/W CRL.P No. 14835 of 2025 CRL.P No. 14847 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14855 OF 2025 (482(Cr.PC) / 528(BNSS)) C/W CRIMINAL PETITION NO. 14835 OF 2025 CRIMINAL PETITION NO. 14847 OF 2025 IN CRL.P No. 14855/2025 BETWEEN: SRI. NARASIMHAMURTHY S/O NARAYANAPPA AGED ABOUT 40 YEARS R/AT CHANNAHALLI VILLAGE BETTAKOTE POST DEVANAHALLI TALUK - 562 129. …PETITIONER (BY SRI. UDAYA KUMAR N.,ADVOCATE) AND: MUNIKRISHNAPPA S/O MARAPPA AGED ABOUT 46 YEARS R/AT MOPARAHALLI VILLAGE KASABA HOBLI, DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT - 561 203. …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC PRAYING TO SET ASIDE THE ORDER OF PRE CONDITION Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:46625 CRL.P No. 14855 of 2025 C/W CRL.P No. 14835 of 2025 CRL.P No. 14847 of 2025 OF DEPOSIT OF 25 PERCENT OF THE FINE AMOUNT PASSED IN CRL.A.NO.15014/2025 WHILE SUSPENDING THE SENTENCE DATED 10.10.2025 PASSED ON I.A.NO.1 AT ANNEXURE-A ON THE FILE OF THE HONBLE COURT OF V ADDL.DISTRICT AND SESSIONS JUDGE DEVANAHALLI. IN CRL.P NO. 14835/2025 BETWEEN: SRI. NARASIMHAMURTHY S/ON ARAYANAPPA AGED ABOUT 35 YEARS R/AT CHANNAHALLI VILLAGE BETTAKOTE POST DEVANAHALLI TALUK - 562 129. ...PETITIONER (BY SRI. UDAYA KUMAR N.,ADVOCATE) AND: MUNIKRISHNAPPA S/O MARAPPA, AGED ABOUT 46 YEARS, R/AT MOPARAHALLI VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT. ...RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE ORDER OF PRE- CONDITION OF DEPOSIT OF 25 PERCENT OF THE FINE AMOUNT PASSED IN CRL.A.NO.15013/2025 WHILE SUSPENDING THE SENTENCE DATED 10.10.2025 PASSED ON I.A NO.1 AT ANNEXURE-A ON THE FILE OF THE HONBLE COURT OF V ADDL.DISTRICT AND SESSIONS JUDGE, DEVANAHALLI. - 3 - HC-KAR NC: 2025:KHC:46625 CRL.P No. 14855 of 2025 C/W CRL.P No. 14835 of 2025 CRL.P No. 14847 of 2025 IN CRL.P NO. 14847/2025 BETWEEN: SRI. NARASIMHAMURTHY S/O NARAYANAPPA, AGED ABOUT 35 YEARS, R/AT CHANNAHALLI VILLAGE BETTAKOTE POST, DEVANAHALLI TALUK - 562 129 ...PETITIONER (BY SRI. UDAYA KUMAR N.,ADVOCATE) AND: MUNIKRISHNAPPA S/O MARAPPA, AGED ABOUT 46 YEARS, R/AT MOPARAHALLI VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT-561203. ...RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET-ASIDE THE ORDER OF PRE-CONDITION OF DEPOSIT OF 25% OF THE FINE AMOUNT PASSED IN CRIMINAL APPEAL NO.15012/2025 WHILE SUSPENDING THE SENTENCE DATED: 10.10.2025 PASSED ON I.A. NO.1 AT ANNEXURE-A ON THE FILE OF THE HONBLE COURT OF V TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, DEVANAHALLI. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ - 4 - HC-KAR NC: 2025:KHC:46625 CRL.P No. 14855 of 2025 C/W CRL.P No. 14835 of 2025 CRL.P No. 14847 of 2025 ORAL ORDER In all these cases the parties are same. 2. Matter arise out of the proceedings initiated by respondent-complainant against the petitioner/accused for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 in respect of three cheques issued by the accused to the complainant, each for a sum of Rs.2,00,000/-. The Trial Court vide its separate judgment 11.9.2025 passed in C.C.No.1562/2019, C.C.No.1563/2019 and C.C.No.1564/2019, convicted the accused and sentenced him to pay fine Rs.3,00,000/- each and in default, to undergo simple imprisonment for 6 months. 3. The accused preferred separate appeals before the Sessions Court in Crl.A.No.15014/2025, Crl.A.No.15012/2025 and Crl.A.No.15013/2025. While suspending the sentence imposed by the trial Court, the learned Sessions Judge directed the accused to deposit - 5 - HC-KAR NC: 2025:KHC:46625 CRL.P No. 14855 of 2025 C/W CRL.P No. 14835 of 2025 CRL.P No. 14847 of 2025 25% of the fine amount imposed by the trial Court, within the statutory period. Assailing the said order the accused is before this Court. 4. It is contended by the learned counsel for the petitioner that the complainant has categorically admitted in the cross-examination that he has no documents to show that he had a sum of Rs.6,00,000/- with him. It is therefore contended that when the complainant himself has admitted that he has no proof to show the source of income for advancing a huge loan to the accused, then the trial Court ought to have acquitted the accused. Relying on the decisions of this Court in W.P.No.17965/2024 C/w W.P.17837/2024 dated 16.06.2025, Crl.P.No.8871/2024 dated 15.04.2025, Crl.P.No.9957/2024 dated 03.12.2024, and W.P.No.28274/2024 dated 03.12.2024, learned counsel has contended that in such circumstances, the deposit as directed by the learned Sessions Judge need not be ordered. - 6 - HC-KAR NC: 2025:KHC:46625 CRL.P No. 14855 of 2025 C/W CRL.P No. 14835 of 2025 CRL.P No. 14847 of 2025 5. In W.P.No.28274/2024 disposed of on 03.12.2024, this Court after referring to the decision in the case of JAMBOO BHANDARY VS. M.P STATE INDUSTRIAL DEVELOPMENT CORPORATION Ltd., & Ors., reported in (2023) 10 SCC 446 has observed that it is not mandatory for the concerned Court to direct payment of 20% of the cheque amount in every case. However, it should be considered on a case to case basis depending on the merits of the matter. 6. In the case on hand even though the complainant has stated that he did not have any documents to show that he was having Rs.6,00,000/- with him, however, according to him, he had or he owned 60 sheep, 40 goats and 15 cows. The trial Court taking into consideration that the complainant is an agriculturist and he is farming sheep, goats and cows and as the accused failed to setup a probable defence, proceeded to convict him. The Learned sessions Judge in each case has directed - 7 - HC-KAR NC: 2025:KHC:46625 CRL.P No. 14855 of 2025 C/W CRL.P No. 14835 of 2025 CRL.P No. 14847 of 2025 25% of the fine amount to be deposited, while suspending the sentence. 7. This Court is of the opinion that the accused can be directed to deposit 20% of the fine amount in each case and reasonable time can be granted to deposit the amount. Accordingly, petitions are partly allowed. The petitioner/accused shall deposit 20% of the fine amount before the Appellate Court in each case, within a period of six weeks from today. To the said extent, the order passed by the Appellate Court is modified. Other conditions shall be complied. All pending IAs are disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE RU, List No.: 1 Sl No.: 12