- 1 - HC-KAR NC: 2025:KHC:31149 CRL.P No. 11283 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 11283 OF 2025 BETWEEN: SRI. M.K. KOTRESH S/O LATE. M. KANNAPPA, AGED ABOUT 51 YEARS RESIDING AT" RENUKA NILAYA", DOOR NO.4580/5, S.S LAYOUT, "A" BLOCK, NEAR BOTTLE BUILDING, DAVANAGERE. &PETITIONER (BY SRI. B.M. HALASWAMY, ADVOCATE) AND: SRI ANJINAPPA S/O. HANUMANTHAPPA HIREBIDARI, AGED ABOUT 35 YEARS R/O.INDIRA BADAVANE (CAMP), KONDAJI VILLAGE, KASABA HOBLI, HARIHARA TALUK, DAVANAGERE DISTRICT. &RESPONDENT THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO 1. SET-ASIDE THE ORDER DATED 03.10.2024 PASSED BY THE I ADDL. CIVIL JUDGE AND JMFC, DAVANAGERE IN C.C.NO.2151/2022 IN SO FAR AS DIRECTING Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31149 CRL.P No. 11283 of 2025 THE RESPONDENT TO PAY FINE AMOUNT OF RS.3,80,000/-. ANNEXURE - A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The conviction order passed under Section 138 of the Negotiable Instruments Act, 1881, is sought to be assailed in the present criminal petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 of the Code of Criminal Procedure, 1973). Since a conviction rendered under Section 138 of the N.I. Act is appealable in law, invocation of inherent jurisdiction under Section 528 of BNSS is impermissible. Consequently, the present petition is not maintainable. 2. Accordingly, while reserving liberty to the petitioner to avail the statutory remedy of appeal, the criminal petition stands dismissed. It is further directed that, if such appeal is filed within two weeks from the date of receipt of the original certified copies, the appellate court shall extend the benefit of - 3 - HC-KAR NC: 2025:KHC:31149 CRL.P No. 11283 of 2025 Section 14 of the Limitation Act, 1963, by excluding the period spent in prosecuting this petition before this Court. 3. The Registry is directed to return all original certified copies to the petitioner after retaining photocopies for the Court record. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 31 CT: BHK