- 1 - HC-KAR NC: 2025:KHC:42356 CRL.P No. 14042 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14042 OF 2025 BETWEEN: SAILESH KUMAR S/O N. SREERAMALU, AGED ABOUT 49 YEARS, EX-DIRECTOR OF FORTUNA BUILCON INDIA PVT. LTD., R/A NO.390, NEW NO.7/1, 13TH CROSS, NEAR BHASAYAM CIRCLE, BANGALORE-560 080. …PETITIONER (BY KUM./SMT. ANUSHA PRASAD, ADVOCATE) AND: M/S. HYDRO TOOLS AND ENGINEERING REPRESENTED BY ITS PROPRIETOR, ZULFIKAR ABBAS ALI, S/O ABBAS ALI, AGED ABOUT 49 YEARS, HAVING OFFICE AT: NO.10, D.R. LANE, S.J.P.ROAD CROSS, BANGALORE-560 002. …RESPONDENT THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO: (A) CALL FOR THE ENTIRE RECORDS IN CRL.A.NO.871/2025 PENDING ON THE FILE OF LXIV ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU; (B) SET- ASIDE THE IMPUGNED ORDER DATED 22.09.2025 PASSED BY THE LXIV ADDL. CITY CIVIL AND SESSIONS JUDGE, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42356 CRL.P No. 14042 of 2025 BENGALURU IN CRL.A.NO.871/2025; (C) RESTORE THE ORDER OF SUSPENSION OF SENTENCE WHICH IS VACATED BY ORDER DATED 22.09.2025 PASSED BY THE LXIV ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN CRL.A.NO.871/2025. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER The order dated 22.09.2025 passed in Crl.A No.871/2025 by the Court of LXIV Additional City Civil and Sessions Judge, Bengaluru is assailed in this petition. 2. Vide impugned order, the learned Sessions Judge has vacated the order dated 20.06.2025 granting stay of the Execution and operation of the judgment and order of conviction and sentence passed by the trial Court. 3. Matter arises out of a proceeding initiated under Section 138 of the N.I. Act. The learned Magistrate has convicted the petitioner/accused vide judgment dated 16.04.2025 passed in C.C.No.30554/2018. Petitioner was sentenced to pay a fine of Rs.12,15,160/-, including the - 3 - HC-KAR NC: 2025:KHC:42356 CRL.P No. 14042 of 2025 cheque amount and additional compensation amount and litigation expenses. In the appeal preferred against the said judgment, the learned Sessions Judge was pleased to stay the execution and operation of the sentence, subject to the condition that the petitioner/accused shall deposit 20% of the fine amount. Since the said amount was not deposited, within the stipulated time, order granting stay of the execution and operation of impugned judgment was vacated. 4. It is submitted by the learned counsel that the fine amount is huge and therefore, if some more time is granted, the petitioner will deposit the amount as directed by the appellate Court. 5. The appeal preferred by the accused/petitioner is pending before the Sessions Court. The petitioner has undertaken to deposit 20% of the fine amount. Hence, to meet the ends of justice, the inherent jurisdiction of this Court can be exercised, granting a reasonable time to the - 4 - HC-KAR NC: 2025:KHC:42356 CRL.P No. 14042 of 2025 petitioner to make the deposit as ordered by the appellate Court. ORDER The impugned order dated 22.09.2025 passed by the learned LXIV Additional City Civil and Sessions Judge, Bengaluru in Crl.A No.871/2025 is set aside, subject to the petitioner depositing the fine amount as directed, within a period of 21 days from today which would expire on 15.11.2025. Petition is disposed of. I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 42