- 1 - HC-KAR NC: 2025:KHC:38292 WP No. 27865 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 27865 OF 2025 (GM-RES) BETWEEN: SMT. CHAITHRA S. T. W/O VENKATESH G. AGED ABOUT 44 YEARS, R/AT CHIKKANAGUNDI, HARANDUR VILLAGE, KOPPA TALUK, CHIKKAMAGALURU DISTRICT-577126. …PETITIONER (BY SRI. SACHIN B S., ADVOCATE) AND: M/S SAHYADRI CHITS PVT. LTD., REPRESENTED BY ITS FOREMAN, SRI RAMESH BHAT, S/O MAHABALESHWARA BHAT, AGED ABOUT 48 YEARS, R/AT VINAYAKA NILAYA, BESIDE ROYAL ORCHID, B.H.ROAD, SHIVAMOGGA-577201 UNDER THE COMPANIES ACT,1956. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 12.05.2025 PASSED IN CRL.A. NO.66/2025 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA, TO THE EXTENT IT IMPOSES THE CONDITION OF DEPOSITING 20 PERCENT OF THE FINE AMOUNT WHILE GRANTING INTERIM STAY, AS PER ANNEXURE- A AND ETC. Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38292 WP No. 27865 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This captioned petition is filed by the petitioner - accused assailing the conditional stay order granted by the Appellate Court. 2. The Appellate Court while staying the order of conviction for the offence punishable under Section 138 of Negotiable Instruments Act, has ordered payment of 20% of the cheque amount. 3. Learned counsel for the petitioner contended before this Court that the requirement to deposit 20% of the cheque amount was unwarranted, as the petitioner’s case falls within the exception. However, upon a careful examination of the judgment rendered by the learned Magistrate in C.C. No.2481/2021, it is evident that the petitioner has not led any rebuttal evidence to substantiate such a claim. In the absence of any such - 3 - HC-KAR NC: 2025:KHC:38292 WP No. 27865 of 2025 evidence, this Court finds that, at this juncture, the case cannot be treated as falling within the exception, in view of the legal principles laid down by the Hon’ble Supreme Court in Jamboo Bhandari v. Madhya Pradesh State Industrial Development Corporation Ltd1. 4. In the course of submissions, the petitioner sought indulgence, requesting an opportunity to deposit the requisite 20% of the cheque amount, noting that the timeline fixed by the Appellate Court has already expired. The submission of the petitioner is taken on record. 5. In the circumstances, it is directed that, in the event the petitioner secures a Demand Draft representing 20% of the cheque amount within a period of four weeks from today, and files an appropriate application along with the Demand Draft before the Appellate Court, the Appellate Court is at liberty to consider the request leniently. The Appellate Court may, in the exercise of its 1 (2023) 10 SCC 446 - 4 - HC-KAR NC: 2025:KHC:38292 WP No. 27865 of 2025 discretion, extend the time for compliance and permit the petitioner to prosecute the appeal on merits. With these above observations, the petition stands disposed off. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE MKM List No.: 1 Sl No.: 55