- 1 - HC-KAR NC: 2025:KHC:32172 CRL.P No. 12013 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 12013 OF 2025 BETWEEN: B.G. SRINIVASA S/O B.N. GURUMURTHY RAO AGED ABOUT 45 YEARS, R/AT NO.12-3-752, JESUS NAGAR, NEAR PANCHAMUKHI ANJANEYA SWAMY TEMPLE, ANANTHAPUR, ANDHRA PRADESH - 515 001. …PETITIONER (BY SRI. MANJUNATH B.R, ADVOCATE) AND: M NARENDRA PRASAD S/O LATE V. MUNIVENKATAPPA AGED 56 YEARS, M/S POOJA ENTERPRISES SLN CHARITY BUILDING, BANGALORE FORT BANGALORE - 560 002. …RESPONDENT THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 05.08.2025 PASSED IN CRL.A.NO.696/2025 PENDING ON THE FILE OF LXIV ADDL. CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH-65) AND ALLOW THE APPLICATION FILED BY THE Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32172 CRL.P No. 12013 of 2025 PETITIONER U/S 430(1) OF BNSS, 2023 AND PERMIT HIM TO COMPLY THE ORDER DATED 03.05.2025. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed assailing the order of the Appellate Court wherein the stay granted on 03.05.2025 is vacated, as the petitioner failed to deposit 20% of the cheque amount as ordered by the Court while granting the conditional stay. Though learned counsel for the petitioner has made fervent submissions to persuade this Court that the petitioner is ready and willing to deposit 20% of the compensation amount within a period of two weeks, this Court is not inclined, at this stage, to extend any indulgence without actual compliance of the statutory mandate under Section 148 of the Negotiable Instruments - 3 - HC-KAR NC: 2025:KHC:32172 CRL.P No. 12013 of 2025 Act, 1881. Mere expression of willingness to deposit would not suffice unless the same is duly complied with. It is made clear that liberty is reserved to the petitioner to file a fresh application, in the event he is able to deposit 20% of the compensation amount as contemplated under Section 148 of the N.I. Act. If such deposit is made, there shall be no impediment for the Court to reconsider the application on its own merits, while ignoring the earlier order dated 03.05.2025. In view of the above observations, the present criminal petition stands disposed of. Pending interlocutory applications, if any, also stand disposed of. SD/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 51 CT: BHK