- 1 - HC-KAR NC: 2025:KHC:35368 CRL.P No. 11689 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 11689 OF 2025 BETWEEN: 1. MR. SONU SAWLOT S/O LATE SUKAN RAJ AGED ABOUT 54 YEARS PROPRIETOR SRI SAI ENTERPRISES SHOP NO. 19, OPPOSITE T. PAIWALA GUTTE B B ROAD, PARIWALA GUTTE DEVANAHALLI TALUK BENGALURU-562110. &PETITIONER (BY SRI. VENKATRAMANA .M.K, ADVOCATE) AND: 1. M/S SRI SHYAM BUILD TECH A PROPRIETORY CONCERN HAVING ITS OFFICE NO. 63 GROUND FLOOR, BLV COMPLEX SECOND CROSS KALASIPALYA NEW EXTENSION BENGALURU-560002. REPRESENTED BY ITS PROPRIETOR SRI ABHAY GUPTA AGED 37 YEARS SON OF SURENDER KUMAR GUPTA &RESPONDENT (BY SRI. GAURAV C. PATIL, ADVOCATE) Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35368 CRL.P No. 11689 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAING TO MODIFY THE INTERIM ORDER PASSED BY FIRST APPELLATE COURT AGAINST THE JUDGMENT/CONVICTION ORDER DATED 10.02.2025 PASSED IN CC NO.29812/2021 BY THE HONBLE XX ADDL.CHIEF JUDICIAL MAGISTRATE, BENGALURU BY MODIFYING THE SAME BY IMPOSING 20% OF THE CHEQUES AMOUNT OF RS.6,47,962.00 BY GRANTING FURTHER PERIOD OF 30 DAYS TO DEPOSIT THE SAME BEFORE THE TRIAL COURT BY ALLOWING THE PRESENT CRIMINAL PETITION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioner - accused assailing the order of conviction passed by the learned Magistrate for the offence punishable under Section 138 of NI Act has approached the Appellate Court by filing a Criminal Appeal No.412/2025. The Appellate Court following the mandate provided under Section 148 of NI Act, 1881 was pleased to grant a conditional stay of operation and execution of the - 3 - HC-KAR NC: 2025:KHC:35368 CRL.P No. 11689 of 2025 order of conviction subject to the petitioner depositing 20% of the fine amount. 2. On the previous date of hearing, this matter was taken up for detailed arguments. Learned counsel appearing for the petitioner had then sought to assail the condition imposed by the Appellate Court requiring the petitioner to deposit 20% of the fine amount as a precondition for grant of stay of conviction and sentence. It was contended that such a condition was onerous and unreasonable. At that stage, this Court observed that unless the petitioner demonstrated his bona fides, no indulgence could be granted, and accordingly, the matter was adjourned to enable the petitioner to take appropriate steps. 3. When the matter is taken up today, learned counsel for the petitioner has produced before this Court Demand Draft No.588157 dated 08.09.2025, drawn on Punjab National Bank, for a sum of Rs.1,30,000/- in favour - 4 - HC-KAR NC: 2025:KHC:35368 CRL.P No. 11689 of 2025 of the respondent3complainant - Sri Shyam Build Tech. The said amount constitutes 20% of the cheque amount, as directed by the Appellate Court. The demand draft has been handed over across the Bar to the learned counsel appearing for the respondent3complainant. A xerox copy of the said demand draft is placed on record along with a memo dated 09.09.2025, which is accordingly taken on file. 4. This Court is conscious that it cannot modify or dilute the order passed by the Appellate Court mandating deposit of 20% of the fine amount as a condition for stay. However, considering that the petitioner has now evinced his bonafides by tendering a substantial part of the amount and having regard to the submissions made regarding his ill-health and financial constraints, this Court finds it appropriate to extend a measure of indulgence by granting further time for compliance. Accordingly, while maintaining the direction of the Appellate Court, the petitioner is permitted to deposit the balance amount - 5 - HC-KAR NC: 2025:KHC:35368 CRL.P No. 11689 of 2025 within a period of eight weeks from today. This latitude is being granted, inter alia, in view of the statement made by the learned counsel for the petitioner, on instructions, that earnest efforts would be made to amicably settle the dispute with the complainant during the pendency of the appeal. 5. In the light of the above, while this Court is not inclined to interfere with the condition imposed by the Appellate Court regarding deposit of 20% of the fine amount, the conditional order of suspension shall continue to operate in view of the payment of Rs.1,30,000/- made today by way of demand draft, which has been handed over to the complainant. Consequently, the order of conviction and the sentence of fine of Rs.9,52,962/- shall remain suspended for a further period of eight weeks. It is made clear that within the said period, the petitioner shall either effect a settlement with the complainant or deposit the balance amount strictly in terms of the order passed by the Appellate Court. - 6 - HC-KAR NC: 2025:KHC:35368 CRL.P No. 11689 of 2025 Subject to the above observations, the petition stands disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 43