- 1 - HC-KAR NC: 2025:KHC:39789 CRL.P No. 13880 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13880 OF 2025 BETWEEN: MR. NAWAZ AGED ABOUT 38 YEARS S/O J ABDUL KHADER R/AT # 1-444E, JOGIBETTU HOUSE PHAJEER, BANTWAL TALUK DAKSHINA KANNADA-574199. …PETITIONER (BY SRI. ASHWIN JOYSTON KUTINHA., ADVOCATE) AND: KONAJEKAR FUELS A PROPRIETOR CONCERN BEING REPRESENTED BY ITS SOLE PROPRIETOR MR ABDUL NASSIR N K ALIAS ABDUN NASEER N K AGED ABOUT 56 YEARS S/O LATE MR K ISMAIL SHAFFI KONAJEKAR PATTORI, MANGALAGANGOTHRI KONAJE, MANGALURU-574 199 …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 06.09.2025 PASSED BY THE HONBLE I ADDL DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU IN CRL.A.NO.316/2025 BY ALLOWING THIS CRIMINAL PETITION AND ETC. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:39789 CRL.P No. 13880 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER The petitioner, who suffered an order from the trial court, convicting him for an offence punishable under Section 138 of the Negotiable Instruments Act and sentencing him to pay a fine of Rs.6,02,000/-, in default, to undergo SI for a period of 4 months, preferred an appeal before the Sessions Court. The learned Sessions Judge, while suspending the sentence, directed the petitioner to deposit 20% of the fine amount. Since the said deposit was not made as directed, the Appellate Court issued FLW and NBW against him, which is under challenge in this petition. 2. It is contented by the learned counsel for the petitioner that the Appellate Court could not have issued FLW for failure on the part of the petitioner to deposit the fine amount. He contended that his statutory appeal cannot be kept pending without hearing, for not depositing - 3 - HC-KAR NC: 2025:KHC:39789 CRL.P No. 13880 of 2025 the fine amount. He further submitted that a request was made before the Appellate Court to grant additional time to make the deposit, however, the Appellate Court was not inclined to grant time and proceeded to issue FLW and NBW against the petitioner for recovery of 20% of the fine amount. 3. In this case, the fine amount imposed by the trial court is Rs.6,02,000/-. The learned counsel would submit that if some time is granted, petitioner will deposit 20% of the said amount as directed by the Appellate Court. In that view of the matter, to meet the ends of justice, it is just and proper to grant some time for the petitioner to deposit 20% of the fine amount, as directed by the Sessions Court vide its order dated 03.07.2025. Hence, the following order: (i) The order dated 06.09.2025 passed by the learned I Additional District and Sessions Judge, Dakshina Kannada, Mangaluru in - 4 - HC-KAR NC: 2025:KHC:39789 CRL.P No. 13880 of 2025 Criminal Appeal No.316/2025, issuing FLW and NBW against the appellant/petitioner herein is hereby set aside. (ii) Petitioner is granted time till 31.10. 2025 to deposit 20% of the fine amount, as per the order dated 03.07.2025. (iii) Petition is disposed of. (iv) IA Nos. 1, 2 and 3 of 2025 are disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE CM LIST NO.: 1 SL NO.: 24