- 1 - HC-KAR NC: 2025:KHC-D:10192 CRL.P No. 103315 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103315 OF 2022 (482(CR.PC)/528(BNSS)) BETWEEN: RAVI S/O BASAPPA KAYANAGOL, AGED ABOUT 36 YEARS, OCC. BUSINESS, R/O. NEAR DURGA DEVI TEMPLE, HUNNUR, TQ. JAMKHANDI, DIST. BAGALKOT-587 119. … PETITIONER (BY SRI. GIRISH A. YADAWAD, ADVOCATE) AND: MUTTAPPA S/O LAXMAN MANG, AGED ABOUT 47 YEARS, OCC. BUSINESS R/O. CHANDRAGIRIPETH AMBEDKAR CIRCLE, JAMKHANDI, TQ. JAMKHANDI, DIST. BAGALKOT-587 301. … RESPONDENT (BY SRI. PRASHANT S. KADADEVAR, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., PRAYING TO MODIFY THE IMPUGNED ORDER DATED 19.09.2022 PASSED BY THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, BAGALKOT TO SIT AT JAMKHANDI, IN CRL.A.NO.5027/2022, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:10192 CRL.P No. 103315 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. The petitioner is before this Court under Section 482 of Cr.P.C, with a prayer to modify the order dated 17.09.2022 passed by the Court of I Addl. District and Sessions Judge, Bagalkot sitting at Jamakhandi in Crl.A.No.5027/2022. 2. The petitioner was convicted for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 in C.C.No.648/2018 vide the judgment and order of conviction and sentence dated 08.02.2022. Challenging the said judgment and order of conviction and sentence, the petitioner had filed Crl.A.No.5027/2022 before the I Addl. District and Sessions Judge, Bagalkot sitting at Jamakhandi and in the said appeal vide the order impugned dated 17.09.2022 the order of sentence passed by the trial Court in C.C.No.648/2018 was suspended subject to petitioner executing a personal and security bond for a sum of Rs.5 lakhs before the said Court and depositing a 50% of the total fine amount before the said Court within a period three weeks from - 3 - HC-KAR NC: 2025:KHC-D:10192 CRL.P No. 103315 of 2022 the date of order. Aggrieved by the said order, the petitioner is before this Court. 3. This Court on 07.11.2022 has granted interim order subject to petitioner depositing a sum of Rs.1,00,000/- before the appellate Court within a period of two weeks from the date of the order. 4. Learned counsel for the petitioner has submitted that amount of Rs.1,00,000/- as directed by this Court vide order dated 07.11.2022 has been already deposited before the appellate Court and the said submission is not seriously disputed by the learned counsel for the respondent – complainant. The petitioner had approached this Court assailing the order dated 17.09.2022 vide which the order of sentence passed by the trial Court was suspended subject to conditions. The trial Court has sentenced to pay fine of Rs.4,05,000/- and out of the said fine amount a sum of Rs.1,00,000/- is now deposited by the petitioner before the appellate Court and deposited amount is equivalent to 25% of fine amount. Under - 4 - HC-KAR NC: 2025:KHC-D:10192 CRL.P No. 103315 of 2022 these circumstances, I am of the opinion that, the prayer made by the petitioner in this petition needs to be granted. 5. Accordingly, the following :- ORDER (i) Criminal petition is allowed. (ii) The order dated 17.09.2022 passed by the Court of I Addl. District and Sessions Judge, Bagalkot sitting at Jamakhandi in Crl.A.No.5027/2022 is modified to the extent it relates to directing the petitioner to deposit 50% of total fine amount and in place the petitioner is permitted to deposit a sum of Rs.1,00,000/- (one lakh). (iii) The appellate Court is directed to expedite hearing of appeal and dispose of the same on merits as expeditiously as possible, but not later than a period of three months from the date of receipt of copy of this order. Sd/- (S.VISHWAJITH SHETTY) JUDGE NMS CT:BCK