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2025 DAILYLAW 82084 (KAR)

SRI NAGARAJU v. SRI B S CHIKKASWAMY

CRL.P/10900/2025 · 2025-08-04

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:30086 CRL.P No. 10900 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 10900 OF 2025 BETWEEN: SRI. NAGARAJU S/O NANJACHARI, AGED ABOUT 61 YEARS, R/A. URDIGERE VILLAGE - 572 140. TUMAKURU TALUK AND DISTRICT. …PETITIONER (BY SRI. SIDDARAMAIAH V B., ADVOCATE) AND: SRI. B. S. CHIKKASWAMY S/O SIDDAIAH, AGED ABOUT 73 YEARS, R/A. "MANJUSHREE NILAYA, SRINAGARA, DEVARAPATTANA POST, TUMAKURU - 572 104. …RESPONDENT THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 14.07.2025, PASSED BY THE 3RD ADDL. DIST AND SESSIONS JUDGE, TUMAKURU, PASSED IN CRL.A NO.43/2025 REJECTING THE MEMO DATED 01.07.2025, FILED BY THE PETITIONER FOR EXTENSION OF TIME TO COMPLY INTERIM ORDER DATED 29.05.2025 AND ETC., THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30086 CRL.P No. 10900 of 2025 CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioner who is convicted for the offence punishable under Section 138 of Negotiable Instruments Act, 1881, has preferred an appeal in Crl.A.No.43/2025. The Appellate Court while suspending the judgment of conviction and sentence directed the petitioner to deposit 20% of the penalty amount within 30 days. This order is dated 29.05.2025. A memo was filed seeking extension of time. The said memo is also rejected. 2. This Court is of the view that the petitioner having secured a conditional order vide order dated 29.05.2025 cannot go on seeking extension of time by filing a memo. 3. However, it is made clear that in the event petitioner deposits 20% of the amount before the Appellate Court and files an application, the interim order - 3 - HC-KAR NC: 2025:KHC:30086 CRL.P No. 10900 of 2025 granted on 29.05.2025 shall be extended after notifying the complainant. 4. With these observations, the petition stands disposed of. SD/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 3 Sl No.: 1