- 1 - HC-KAR NC: 2025:KHC:49074 CRL.P No. 5299 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5299 OF 2025 BETWEEN: M/S MAHALAKSHMIPURA SRI VASAVI CREDIT CO OPERATIVE SOCIETY LTD., HAVING ITS OFFICE AT NO.18(328) 11TH CROSS, MAHALAKSHMI LAYOUT, BENGALURU - 560 086. REPRESENTED BY ITS DIRECTOR MR PRASANNA KUMAR K R …PETITIONER (BY SRI. GAURAV GANAPATHY.C.G., ADVOCATE FOR SRI.ANAND MUTTALLI., ADVOCATE) AND: MR VENKATESHWARA S, R/AT NO 37, 4TH BLOCK, 7TH MAIN, NANDINI LAYOUT, BENGALURU - 560 096. …RESPONDENT (BY SRI.J.R.MOHAN., ADVOCATE) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 01.03.2025 PASSED BY THE LXI ADDITIONAL CITY CIVIL AND SESSIONS COURT AT BENGALURU (CCH- 62) IN CRL.A.NO.289/2025 WHEREIN THE SESSIONS COURT DIRECTED THE RESPONDENT TO DEPOSIT 5% OF THE FINE AMOUNT AND SUSPENDED THE SENTENCE PASSED BY THE TRIAL COURT, CONTRARY TO THE MINIMUM OF 20% AS ENUMERATED UNDER SECTION 148(1) OF THE NEGOTIABLE INSTRUMENTS ACT, 1881. Digitally signed by KAVYA R Location: High court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49074 CRL.P No. 5299 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER The complainant is before this Court in this criminal petition filed under Section 528 of BNSS, 2023 assailing the Order dated 01.03.2025 passed in Crl.A.No.289/2025 by the Court of LXI Additional City Civil and Sessions Judge at Bengaluru to the extent it relates to directing the respondent herein to deposit 5% of the fine amount while suspending the order of sentence dated 02.12.2024 passed against him in C.C.No.27340/2023. 2. Heard the learned counsel for the parties. 3. Respondent herein was convicted for offence punishable under Section 138 of the Negotiable Instruments Act, 1881 by the Court of XXXVIII Additional Chief Judicial Magistrate, Benglauru in C.C.No.27340/2023 by Judgment and Order dated 02.12.2024 and as against the same the respondent herein had filed - 3 - HC-KAR NC: 2025:KHC:49074 CRL.P No. 5299 of 2025 Crl.A.No.289/2025 before the Court of LXI Additional City Civil and Sessions Judge at Bengaluru and in the said appeal he had filed I.A.No.2 with a prayer to suspend the order of sentence passed against him in C.C.No.27340/2023 during the pendency of the appeal. The Appellate Court vide the order impugned has suspended the order of sentence passed against the respondent in C.C.No.27340/2023, subject to certain conditions and being aggrieved by the condition directing the respondent to deposit 5% of the fine amount before the Trial Court, the petitioner is before this Court. 4. Learned counsel for the petitioner submits that respondent has misled the Appellate Court by making a false submission that petitioner had also filed a similar case against his wife which is totally a incorrect statement. He submits that Appellate Court was not justified in directing the respondent to deposit 5% of the fine amount. The respondent is a habitual offender who has been convicted in multiple cases of similar nature. - 4 - HC-KAR NC: 2025:KHC:49074 CRL.P No. 5299 of 2025 5. Per contra, learned counsel for the respondent has argued in support of the impugned order. He submits that he has got a good case on merits and appreciating the same the Appellate Court having assigned cogent reasons has directed the respondent to deposit 5% of the fine amount. He submits that depositing 20% of the fine amount as provided under Section 148(1) of the Negotiable Instruments Act is not mandatory and it can always be relaxed or reduced by the Courts depending upon the facts and circumstances of the case. Accordingly, he prays to dismiss this petition. 6. Perusal of the material on record would go to show that the respondent herein allegedly had issued a cheque for a sum of Rs.1,07,19,759/- towards discharge of his legally recovery debt and the said cheque was dishonored by drawer bank. It is under these circumstances, petitioner herein had initiated proceedings against the respondent in C.C.No.27340/2023 for the offence punishable under Section 138 of Negotiable - 5 - HC-KAR NC: 2025:KHC:49074 CRL.P No. 5299 of 2025 Instruments Act and in the said proceedings the respondent was convicted and sentenced to pay fine of Rs.2,00,00,000/- and in default was sentenced to undergo simple imprisonment for a period of 2 years. 7. The Appellate Court having appreciated that the Trial Court had sentenced the respondent to pay fine which is nearly double the cheque amount, has exercised its discretion and has directed the respondent to pay 5% of the fine amount though Section 148(1) of Negotiable Instruments Act provides that a minimum of 20% of the fine or compensation awarded by the Trial Court shall be directed to be deposited in an appeal filed by the accused who is convicted for offence punishable under Section 138 of the Negotiable Instruments Act. The Hon'ble Supreme Court in the case of JAMBOO BHANDARI VS. M.P.STATE INDUSTRIAL DEVELOPMENTN reported in (2023) 10 SCC 446 has held that in appropriate case, the Appellate Court, if satisfied that the condition of deposit of 20% will be unjust or imposing such a condition - 6 - HC-KAR NC: 2025:KHC:49074 CRL.P No. 5299 of 2025 will amount to deprivation of the right of appeal of the appellant, exception can be made for the reasons specifically required. In the case on hand, the reason assigned by the Appellate Court for reducing the deposit amount from 20% to 5% is that the Trial Court had imposed fine to the tune nearly double the cheque, if that is so, the Appellate Court ought to have directed the respondent/accused to at least deposit 10% of the fine amount and therefore in my considered opinion, the Appellate Court was not justified in directing respondent to deposit 5% of the fine amount. Accordingly, the following:- ORDER (i) The criminal petition is partly allowed. (ii) The Order dated 01.03.2025 passed on I.A.No.2 in Crl.A.No.289/2025 by the Court of LXI Additional City Civil and Sessions Court at Bengaluru to the extent it relates to directing the respondent herein/accused to - 7 - HC-KAR NC: 2025:KHC:49074 CRL.P No. 5299 of 2025 deposit 5% of the amount before the Trial Court is set aside and in turn the respondent/accused is directed to deposit 10% of the fine amount before the Trial Court. At this juncture a submission is made on behalf of the respondent/accused that 5% of the fine amount as directed in Crl.A.No.289/2025 is already deposited before the Trial Court and for depositing the balance 5% of the fine amount, he may be granted 6 weeks' time. (iii) Said submission is placed on record. (iv) The respondent/accused is granted 6 weeks' time from today to deposit the balance 5% of the final amount before the Trial Court (v) All other conditions found in the order impugned remain unaltered. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 27