- 1 - HC-KAR NC: 2025:KHC:27092 CRL.P No. 7898 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.7898 OF 2025 BETWEEN: SRI. HARISH N S/O NAGAREDDY, AGED ABOUT 39 YEARS, R/AT NO.2/7, BOMMANDAPALLI VILLAGE , KOTHAGONDAPALLI, HOSUR TALUK – 635 109. …PETITIONER (BY SRI. K. AKRAM PASHA, ADVOCATE) AND: SRI. PRASANTH M.L., S/O LATE V.M.KURUP, AGED ABOUT 52 YEARS, R/AT NO.1543, 3RD FLOOR, 7TH CROSS, 19TH MAIN, 1ST SECTOR, HSR LAYOUT, BENGALURU - 560 102. …RESPONDENT (BY SRI. P.M.SIDDAMALLAPPA., ADVOCATE) THIS CRL.P. IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO ISSUE DIRECTION TO HONBLE COURT BELOW TO MODIFY THE ORDER IN CRL.A NO.58/2025 DATED 27.05.2025 PENDING ON THE FILE OF THE IX ADDL.DISTRICT JUDGE, BENGALURU RURAL DISTRICT AND PERMIT THE PETITIONER TO DEPOSIT RS.5,00,000/- INSTEAD OF 20 PERCENT ON FINE AMOUNT AMOUNTING TO RS.17,02,200/- BY CONSIDERING THE ABOVE GROUNDS FOR THE O/P/U/S 138 OF N.I ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27092 CRL.P No. 7898 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following relief: "WHEREFORE, the Petitioner most fervently prays that, this Hon'ble Court be pleased to issue direction to Hon'ble Court below to modify the order in Crl.A.No.58/2025 dated 27.05.2025 pending on the file of the IX Addl. District Judge, Bengaluru Rural District and permit the Petitioner to deposit Rs.5,00,000/- instead of 20% on fine amount amounting Rs.17,02,000/- by considering the above grounds for the offence punishable U/s 138 of Negotiable Instrument Act and further pass any other order commensurating with the facts and circumstances of the case, in the Interest of Justice and Equity." 2. Heard the learned counsel for the petitioner and learned counsel for the respondent. Perused the material on record. 3. A perusal of the material on record will indicate that the respondent-complainant constituted the proceedings in C.C.No.20812/2021 against the petitioner-accused for the offences - 3 - HC-KAR NC: 2025:KHC:27092 CRL.P No. 7898 of 2025 punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'N.I.Act'). After contesting, the said proceedings culminated in judgment and order of conviction dated 07.08.2023 in favour of the respondent-complainant against the petitioner- accused directing the petitioner-accused to pay a fine amount. Aggrieved by the said order of conviction and sentence, the petitioner approached the Appellate Court in Crl.A.No.58/2025. Pursuant to which, the Appellate Court passed the impugned order directing the petitioner to deposit 20% of the fine amount, amounting to Rs.17,02,000/-. When the matter came up before this Court on 16.06.2025, the following interim order was passed as under: "Issue emergent notice to the respondent returnable by 14.07.2025. In addition, petitioner is permitted to serve learned counsel for the respondent appearing before the Trial Court. In the meanwhile, the impugned order dated 27.05.2025 passed in Crl.A.No.58/2025 insofar as it relates to directing the petitioner to deposit 20% of the fine amount, which comes to Rs.17,02,000/- is stayed subject to the petitioner depositing Rs.7 lakhs before the Trial Court in C.C.No.20812/2021 on or before 11.07.2025." - 4 - HC-KAR NC: 2025:KHC:27092 CRL.P No. 7898 of 2025 4. In pursuance to the above interim order, the petitioner has deposited a sum of Rs.7,00,000/- before the trial Court. 5. Learned counsel for both sides jointly submit that without prejudice to their rights and contentions, the interim order dated 16.06.2025 may be made absolute and the trial Court may be directed to dispose of the main appeal within a stipulated time frame. The joint submission is placed on record. 6. Though several contentions having been urged by both the sides, having regard to joint submission of both sides and the fact that appeal is still pending consideration, without expressing any opinion on merits/de-merits and on rival contentions, I deem it just and appropriate to dispose of this petition, directing the Appellate Court to dispose the Crl.A.No.58/2025 as expeditiously as possible preferably within a period of four months from the date of receipt of copy of this order. 7. In the result, I pass the following: ORDER (i) Impugned order in Crl.A.No.58/2025 dated 27.05.2025 on the file of the IX Addl. District - 5 - HC-KAR NC: 2025:KHC:27092 CRL.P No. 7898 of 2025 Judge, Bengaluru Rural District, is modified, petition is hereby disposed off; (ii) Interim order dated 16.06.2025 is made absolute; (iii) Appellate Court to dispose the Crl.A.No.58/2025 within a period of four months from the date of receipt of copy of this order; (iv) All rival contentions are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE SMJ; List No.: 1 Sl No.: 30