- 1 - HC-KAR NC: 2025:KHC:38198 CRL.P No. 13077 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 CRIMINAL PETITION NO. 13077 OF 2025 BETWEEN: SRI. PRAMOD BOPANNA S/O RAJAPPA, AGED ABOUT 38 YEARS, R/AT. MARUTHINAGAR, 10TH MAIN, 14TH CROSS, NEW THIPPASANDRA POST, BENGALORE-560 075. …PETITIONER (BY SRI. S BALAKRISHNAN, ADVOCATE) AND: DR. AMIT AGARWAL S/O R.P.AGARWAL, AGED ABOUT 48 YEARS, R/AT NO.633, 1ST CROSS, 4TH MAIN, DOMLUR, 2ND STAGE, BANGALORE - 560 071. …RESPONDENT THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) OF CR.P.C PRAYING TO SET ASIDE THE ORDER PASSED BY THE LXXII ADDL. CITY CIVIL AND SESSIONS JUDGE, (CCH-73), BENGALURU DATED 17.02.2025 IN CRL.A.NO.25060/2025 DIRECTING HIM TO DEPOSIT 20 PERCENT OF THE CHEQUE AMOUNT BEFORE THE TRIAL COURT WITHIN 8 WEEKS AND IN Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38198 CRL.P No. 13077 of 2025 DEFAULT THE ORDER STANDS CANCELLED AND MAY PERMIT THE PETITIONER TO DEPOSIT 5 PERCENT OF THE CHEQUE AMOUNT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed by the petitioner–accused challenging the order dated 17.02.2025 passed by the LXXII Additional City Civil and Sessions Judge, Bengaluru, in Criminal Appeal No.25060/2025, directing the petitioner to deposit 20% of the cheque amount as ordered by the learned Magistrate. 2. Learned counsel for the petitioner sought relaxation of the said condition. However, upon consideration of the grounds urged, this Court is of the view that no case for exemption or interference is made out, as laid down by the Hon’ble Apex Court in Jamboo Bhandari v. M.P. State Industrial Development - 3 - HC-KAR NC: 2025:KHC:38198 CRL.P No. 13077 of 2025 Corporation Ltd., Criminal Appeal No.2741/2023 (@ SLP (Crl.) No.4927/2023). 3. At this stage, learned counsel for the petitioner prayed for indulgence on the ground that the period prescribed for depositing the 20% amount has already expired. It was submitted that the petitioner is willing to deposit the amount and requested that a suitable direction be issued in this regard. 4. If the petitioner is able to demonstrate his bona fides by securing a Demand Draft for 20% of the cheque amount, along with filing an application for extension of time and permission to deposit the said amount, the Appellate Court bearing in mind the rights of an accused to prosecute an appeal against conviction under Section 138 of the NI Act shall take a lenient view and pass appropriate orders. Accordingly, reserving liberty to the petitioner to deposit 20% of the cheque amount within two weeks from - 4 - HC-KAR NC: 2025:KHC:38198 CRL.P No. 13077 of 2025 the date of receipt of this order, the petition stands disposed of. The recalling of the NBW shall be subject to compliance with the directions issued by this Court. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 31