- 1 - NC: 2025:KHC-D:3905 CRL.P No. 103356 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.103356 OF 2024 BETWEEN: ANTHON S/O. VIDAR FERNANDIES AGE. 40 YEARS, OCC. BUSINESS, R/O. SHIRWAD, TALUK. KARWAR, DISTRICT. UTTARA KANNADA-581 301. …PETITIONER (BY SRI. SRINIVAS B.NAIK, ADVOCATE) AND: SHANTIKA SOUHARDA SAHAKARI NIYAMITA ANKOLA BRANCH, KARWAR, REPRESENTED BY ITS AUTHORIZED PERSON, SRI. BRIJESH S/O. SUBRAY NAYAK, AGE. 25 YEARS, R/O. BELEKERI, TALUKA ANKOLA, DISTRICT. UTTARA KANNADA-581314. …RESPONDENT (BY SRI. ANIL KALE, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/SE. 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO QUASH THE CONDITIONAL ORDER DATED 09.07.2024 IN CRL.A NO.136/2024 ON THE FILE OF II ADDL. DIST AND SESSIONS JUDGE UTTARA KANNADA KARWAR PASSED ON IA NO.1 IN SO FAR IMPOSING THE CONDITION TO DEPOSIT THE 20% OF THE CHEQUE AMOUNT WITH A PERIOD OF 2 MONTHS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3905 CRL.P No. 103356 of 2024 CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner challenges the order dated 09.07.2024 passed by the II Additional District and Sessions Judge, Uttara Kannada, Karwar, which suspended the Trial Court’s order sentencing the petitioner to pay a fine nearly double the cheque amount, on the condition that the petitioner deposit 20% of the cheque amount within two months. 2. The petitioner was convicted by the Trial Court for an offence under Section 138 of the Negotiable Instruments Act, 1881, and was sentenced to pay a fine of Rs.64,20,133, which is almost double the cheque amount of Rs.33,62,204. The petitioner contends that no reasons were provided for requiring him to deposit 20% of the cheque amount as security. Given that the cheque is dated from 2014, the petitioner argues that it would be more appropriate to require only a 10% deposit. 3. The petitioner submits that the excessive fine and the order to deposit 20% of the cheque amount are not justified by the evidence or applicable legal principles, and that imposing such conditions results in undue hardship. Therefore, he requests that the impugned order be set aside and direct him to deposit only 10% of the cheque amount within two months from the date of this order. 4. In light of the foregoing, this Court finds that the petitioner has made out a prima facie case for relief and that the - 3 - NC: 2025:KHC-D:3905 CRL.P No. 103356 of 2024 conditions imposed by the impugned order are unsustainable in law. ORDER i) Accordingly, the petition is allowed in part. ii) The order dated 09.07.2024 passed in Crl. A. No.136/2024 by the II Additional District & Sessions Judge, Uttara Kannada, Karwar, is hereby modified. The operation of the order of sentence passed against the petitioner/accused in C.C. No.179/2015, dated 31.05.2024, by the Trial Court is hereby suspended subject to the petitioner depositing 10% of the cheque amount before the Trial Court within four weeks from today. The order of the Sessions Court with regard to furnishing of personal bond with surety stands unaltered. iii) Upon deposit of the amount as aforesaid, the respondent is at liberty to withdraw the same. However, the same shall be subject to the outcome of the appeal in Crl. A. No.136/2024 before the Sessions Court. iv) The learned Sessions Court to dispose of the appeal in Crl.A. No.136/2024 within a period of six months from the date of receipt of a copy of this order. - 4 - NC: 2025:KHC-D:3905 CRL.P No. 103356 of 2024 Pending I.As., if any, do not survive for consideration and are disposed off accordingly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh List No.: 1 Sl No.: 57