- 1 - HC-KAR NC: 2025:KHC:41697 CRL.P No. 4247 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 4247 OF 2025 BETWEEN: SRI.RANGEGOWDA S/O LATE JAVAREGOWDA AGED ABOUT 48 YEARS R/ATD NO 369/B, 1ST MAIN ROAD RAILWAY LAYOUT, VIJAYANAGAR MYSURU - 570 017 …PETITIONER (BY SRI. YADUNANDAN N., ADVOCATE) AND: SRI MANJUNATH S/O MADEGOWDA AGED ABOUT 45 YEARS R/AT D.NO.48, 14TH CROSS JANATHANAGAR, T.K. LAYOUT MYSURU - 570 009. …RESPONDENT THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ORDER DATED 28.10.2024 IN CRL.APPEAL NO.450/2023 ON THE FILE OF PRL.DISTRICT AND SESSIONS JUDGE, FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 138 OF THE N.I. ACT 1881, AND RESTORE THE MATTER BACK TO ITS FILE AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:41697 CRL.P No. 4247 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition is preferred assailing the order passed by the Sessions Court dated 28.10.2024, dismissing the Crl.A.No.450/2023 for non prosecution. 2. Petitioner was convicted by the learned Magistrate in C.C.No.3019/2021 vide order dated 23.08.2023, for the offence punishable under Section 138 of the NI Act. He was sentenced to pay fine of Rs.25,05,000/-, in default to undergo simple imprisonment for 3 months. 3. Challenging the judgment of conviction and sentence passed by the Trial Court, an appeal was preferred before the Sessions Court. The order sheet would disclose that while the sentence imposed against the petitioner was suspended, he was directed to deposit 20% of the fine amount. As the said amount was not - 3 - HC-KAR NC: 2025:KHC:41697 CRL.P No. 4247 of 2025 deposited, the learned Sessions Judge has dismissed the appeal for non-prosecution. 4. Initially notice was issued to the respondent, however, respondent was not served before the Appellate Court. As per order dated 21.09.2024, after the process was paid, notice was re-issued to the respondent through RPAD. However, since 20% of the fine amount as directed was not deposited, the learned Sessions Judge has proceeded to dismiss the appeal for non-prosecution. 5. It is seen that the learned Sessions Judge, vide order dated 06.01.2024, suspended the sentence imposed against the petitioner and directed him to deposit 20% of the fine amount. If the said amount was not deposited, the learned Sessions Judge could have vacated the interim order of stay. Dismissing the appeal for non prosecution for that reason was not proper. Appeal ought to have been heard on merits. Hence, the petition succeeds. - 4 - HC-KAR NC: 2025:KHC:41697 CRL.P No. 4247 of 2025 6. The order dated 28.10.2024 passed by the Court of Principal District and Sessions Judge, Mysuru (C/c II ADJ, Mysuru) in Crl.A.No.450/2023 is set aside. 7. Crl.A.No.450/2023 shall be restored to its original file and the learned Sessions Judge shall proceed further in accordance with law. 8. Petitioner / appellant shall appear before the Sessions Court without further notice on 03.11.2025. 9. Petition is disposed of. 10. I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC CT-SG List No.: 1 Sl No.: 5