- 1 - HC-KAR NC: 2025:KHC:31148 CRL.P No. 11256 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. 11256 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. DURUGAPPA S/O. KENCHAPPA, AGED ABOUT 46 YEARS, R/O.INDIRA BADAVANE (CAMP), KONDAJI VILLAGE, KASABA HOBLI, HARIHARA TALUK, DAVANAGERE DISTRICT. …RESPONDENT THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) OF CR.P.C PRAYING TO A). SET ASIDE THE ORDER DATED 03.10.2024 PASSED BY THE I ADDL.CIVIL JUDGE AND JMFC, AT DAVANAGERE IN C.C NO.2152/2022 IN SO FAR AS Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31148 CRL.P No. 11256 of 2025 DIRECTING 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). Inasmuch as a conviction under Section 138 of the N.I. Act is appealable under law, the present petition, invoking inherent jurisdiction, 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, in the event such an appeal is filed within two weeks from the date of receipt of the original certified copies, the appellate court shall extend the benefit of Section 14 of the Limitation Act, 1963, by excluding - 3 - HC-KAR NC: 2025:KHC:31148 CRL.P No. 11256 of 2025 the period spent in prosecuting the present petition before this Court. 3. The Registry is directed to return all certified copies to the petitioner after retaining photocopies of the same for the record. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 30 CT: BHK