- 1 - HC-KAR NC: 2025:KHC:38545 CRL.RP No. 951 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL REVISION PETITION NO.951/2025 BETWEEN: 1. MR. AJAZ PASHA S/O LATE AMEERE JAN AGED ABOUT 48 YEARS RESIDING AT NO.2244 5TH CROSS, BASAVESHWARA ROAD KR MOHALLA, MYSORE KARNATAKA 570004. …PETITIONER (BY SRI. AFROZ PASHA, ADVOCATE) AND: 1. MR. A. NAGESH S/O M. ANNEGOWDA AGED ABOUT 34 YEARS RESIDING AT NO. 287 INDRANAGAR NEW LAYOUT MYSORE, KARNATAKA 570010. …RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED) THIS CRL.RP IS FILED U/S 397 R/W 401 OF CR.P.C. (FILED U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE ORDER PASSED BY THE HON’BLE VII ADDITIONAL SESSIONS JUDGE, MYSURU IN CRL.APPEAL No.38/2025 ORDER DATED 19.04.2025 AND FURTHER BE PLEASED TO PASS ANY OTHER Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38545 CRL.RP No. 951 of 2025 ORDER COMMENSURATING FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard learned counsel for the petitioner and the respondent is served and unrepresented. 2. Learned counsel for the petitioner submits that petitioner had paid 10% of the Cheque amount during the pendency of the trial and he could not deposit 10% of the fine amount as ordered by the Appellate Court which was the condition precedent for suspension of sentence. Hence, the petition was dismissed for non-compliance of the order. He would submit that the Appellate Court should have heard the matter on merits and could not have dismissed the appeal for non-compliance of interim order. 3. In view of the contentions urged by the learned counsel appearing for the petitioner, and considering the facts and circumstances of the case, the impugned order has to be - 3 - HC-KAR NC: 2025:KHC:38545 CRL.RP No. 951 of 2025 set aside and accordingly, it is set aside. The petitioner has to be given an opportunity to prosecute the appeal on merits. 4. However, the petitioner is required to deposit 15% of the fine amount before the Trial Court within four weeks from today, in addition to 10% of the fine amount which is said to have been deposited during the trial. On such deposit, the appeal shall be heard on merits. 5. The amount in deposit, if not already deposited in the bank and amount to be deposited, shall be kept in fixed deposit in any nationalised bank for a period of one year with auto renewal mandate. Accordingly, the petition is allowed. Sd/- (ANANT RAMANATH HEGDE) JUDGE ST List No.: 2 Sl No.: 30