- 1 - HC-KAR NC: 2025:KHC:49430 CRL.P No. 13922 of 2025 C/W CRL.P No. 13923 of 2025 CRL.P No. 13924 of 2025 AND 2 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13922 OF 2025 C/W CRIMINAL PETITION NO. 13923 OF 2025 CRIMINAL PETITION NO. 13924 OF 2025 CRIMINAL PETITION NO. 13926 OF 2025 CRIMINAL PETITION NO. 13927 OF 2025 IN CRL.P No. 13922/2025 BETWEEN: SRI. M.J. SHANTARAM S/O DR. M.R. JAYARAM AGE ABOUT 47 YEARS RESIDING AT GOKUL HOUSE M S RAMAIAH ROAD MATHIKERE, BANGALORE - 560 054 CURRENTLY RESIDING AT NO. 66, VRINDAVAN, AVALAHALLI NEXT TO PRESTIGE WOODSIDE, YELAHANKA, BENGALURU - 560 064. …PETITIONER (BY SRI. AMRUTHESH C, ADVOCATE) AND: M/S. SHIVANGINI PROPERTIES PVT LTD., HAVING ITS OFFICE AT NO. 209 RAMANASHREE CHAMBERS NO. 37, LADY CURZON ROAD, BANGALORE - 560 001 REPRESENTATIVE BY ITS AUTHORIZED REPRESENTATIVE SRI. D.R. NAGARAJ RAO. …RESPONDENT (BY SRI. ROHIT RAO N, ADVOCATE) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49430 CRL.P No. 13922 of 2025 C/W CRL.P No. 13923 of 2025 CRL.P No. 13924 of 2025 AND 2 OTHERS THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO 1.SET ASIDE THE CONDITION NO.2 FOUND IN THE IMPUGNED ORDER DATED 06.06.2025 PASSED IN CRL.A.NO.40/2025 ON THE FILE OF LVI ADDL.CITY CIVIL AND SESSIONS JUDGE CCH-57 BENGALURU. IN CRL.P NO. 13923/2025 BETWEEN: SRI. M.J. SHANTARAM S/O DR. M.R. JAYARAM AGED 47 YEARS, RESIDING AT GOKUL HOUSE, M S RAMAIAH ROAD, MATHIKERE, BENGALURU - 560 054 CURRENTLY RESIDING AT NO. 66, VRINDAVAN, AVALAHALLI, NEXT TO PRESTIGE WOODSIDE, YELAHANKA, BENGALURU - 560 064 ...PETITIONER (BY SRI. AMRUTHESH C, ADVOCATE) AND: M/S. SHIVANGINI PROPERTIES PVT LTD., HAVING ITS OFFICE AT NO. 209, RAMANASHREE CHAMBERS, NO 37, LADY CURZON ROAD, BANGALORE - 560 001 REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE SRI. D.R. NAGARAJA RAO ...RESPONDENT (BY SRI. ROHIT RAO N.,ADVOCATE) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO A. SET ASIDE THE CONDITION NO.2 FOUND IN THE IMPUGNED ORDER DATED 06.06.2025 PASSED IN CRL.A NO.38/2025 ON THE FILE OF THE LVI ADDL.CITY CIVIL AND SESSIONS JUDGE, CCH-57, BENGALURU. - 3 - HC-KAR NC: 2025:KHC:49430 CRL.P No. 13922 of 2025 C/W CRL.P No. 13923 of 2025 CRL.P No. 13924 of 2025 AND 2 OTHERS IN CRL.P NO. 13924/2025 BETWEEN: SRI. M.J. SHANTARAM S/O DR. M.R. JAYARAM AGED 47 YEARS, RESIDING AT GOKUL HOUSE, M S RAMAIAH ROAD, MATHIKERE, BENGALURU - 560 054 CURRENTLY RESIDING AT NO. 66, VRINDAVAN, AVALAHALLI, NEXT TO PRESTIGE WOODSIDE, YELAHANKA, BENGALURU - 560 064 ...PETITIONER (BY SRI. AMRUTHESH C, ADVOCATE) AND: M/S. SHIVANGINI PROPERTIES PVT LTD., HAVING ITS OFFICE AT NO. 209, RAMANASHREE CHAMBERS, NO 37, LADY CURZON ROAD, BANGALORE - 560 001 REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE SRI. D.R. NAGARAJA RAO ...RESPONDENT (BY SRI. ROHIT RAO N.,ADVOCATE) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO: (I) SET-ASIDE THE CONDITION NO.2 FOUND IN THE IMPUGNED ORDER DATED 06.06.2025 PASSED IN CRL.A.NO.41/2025 ON THE FILE OF LVI ADDL. CITY CIVIL AND SESSIONS JUDGE, CCH-57, BENGALURU; (II) SET-ASIDE THE ORDER DATED 27.09.2025 PASSED IN CRL.A.NO.41/2025 ON THE FILE OF LVI ADDL. CITY CIVIL AND SESSIONS JUDGE, CCH-57, BENGALURU. - 4 - HC-KAR NC: 2025:KHC:49430 CRL.P No. 13922 of 2025 C/W CRL.P No. 13923 of 2025 CRL.P No. 13924 of 2025 AND 2 OTHERS IN CRL.P NO. 13926/2025 BETWEEN: SRI. M.J. SHANTARAM S/O DR. M.R. JAYARAM AGED 47 YEARS, RESIDING AT GOKUL HOUSE, M S RAMAIAH ROAD, MATHIKERE, BENGALURU - 560 054 CURRENTLY RESIDING AT NO. 66, VRINDAVAN, AVALAHALLI, NEXT TO PRESTIGE WOODSIDE, YELAHANKA, BENGALURU - 560 064 ...PETITIONER (BY SRI. AMRUTHESH C, ADVOCATE) AND: M/S. SHIVANGINI PROPERTIES PVT LTD., HAVING ITS OFFICE AT NO. 209, RAMANASHREE CHAMBERS, NO 37, LADY CURZON ROAD, BANGALORE - 560 001 REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE SRI. D.R. NAGARAJA RAO ...RESPONDENT (BY SRI. ROHIT RAO N, ADVOCATE) THIS CRL.P IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS) PRAYING TO a) SET ASIDE THE CONDITION NO.2 FOUND IN THE IMPUGNED ORDER DTD 06.06.2025 PASSED IN CRL.A.NO.37/2025 ON THE FILE OF LVI ADDL. CITY CIVIL AND SESSIONS JUDGE, CCH-57, BENGALURU. IN CRL.P NO. 13927/2025 BETWEEN: - 5 - HC-KAR NC: 2025:KHC:49430 CRL.P No. 13922 of 2025 C/W CRL.P No. 13923 of 2025 CRL.P No. 13924 of 2025 AND 2 OTHERS SRI. M.J. SHANTARAM S/O DR. M.R. JAYARAM AGED 47 YEARS, RESIDING AT GOKUL HOUSE, M S RAMAIAH ROAD, MATHIKERE, BENGALURU - 560 054 CURRENTLY RESIDING AT NO. 66, VRINDAVAN, AVALAHALLI, NEXT TO PRESTIGE WOODSIDE, YELAHANKA, BENGALURU - 560 064 ...PETITIONER (BY SRI. AMRUTHESH C, ADVOCATE) AND: M/S. SHIVANGINI PROPERTIES PVT LTD., HAVING ITS OFFICE AT NO. 209, RAMANASHREE CHAMBERS, NO 37, LADY CURZON ROAD, BANGALORE - 560 001 REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE SRI. D.R. NAGARAJA RAO ...RESPONDENT (BY SRI. ROHIT RAO N.,ADVOCATE) THIS CRL.P IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS) PRAYING TO a) SET ASIDE THE CONDITION NO.2 FOUND IN THE IMPUGNED ORDER DTD 06.06.2025 PASSED IN CRL.A.NO.39/2025, ON THE FILE OF LVI ADDL. CITY CIVIL AND SESSIONS JUDGE, CCH-57, BENGALURU. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR NC: 2025:KHC:49430 CRL.P No. 13922 of 2025 C/W CRL.P No. 13923 of 2025 CRL.P No. 13924 of 2025 AND 2 OTHERS CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER The judgment and order dated 06.12.2024 passed by the trial Court in C.C.No.3065/2021, C.C.No.3067/2021, C.C.No.3064/2021, C.C.No.3068/2021 and C.C.No.3066/2021, convicting and sentencing the petitioner for the offence p/u/s 138 of the NI Act and sentencing him to pay a fine twice the amount of the cheque, i.e., Rs.1,50,00,000/-, in default, to undergo simple imprisonment for six months, was challenged by way of separate appeals before the Sessions Court in Crl.A.No.40/2025. Crl.A.No.38/2025, Crl.A.No.41/2025, Crl.A.No.37/2025 and Crl.A.No.39/2025. While suspending the sentence, the learned Sessions Judge directed the accused/petitioner to deposit 20% of the cheque amount before the trial Court and fine amount of 10,000/-. The said orders are assailed in these petitions. 2. Learned counsel for the respondent drawing the attention of the Court to the order sheet of the appellate - 7 - HC-KAR NC: 2025:KHC:49430 CRL.P No. 13922 of 2025 C/W CRL.P No. 13923 of 2025 CRL.P No. 13924 of 2025 AND 2 OTHERS Court dated 06.06.2025 would contend that the learned counsel appearing for the accused himself submitted that he is ready to deposit 20% of the cheque amount. 3. During the pendency of these petitions, by way of an interim order, this Court stayed the impugned direction to deposit 20% of the cheque amount, subject to the petitioner complying the remaining conditions. Further, in compliance of the submission made before this Court to deposit 10% of the cheque amount and in terms of the memo filed, by separate DDs, 10% of the cheque amount was deposited in all the five cases as under: Sl No Crl.P.No. Dem and Draft No. and Date Name of the Bank Amount 1. 13922/2025 375831 dated 03.10.2025 State Bank of India Rs.7,50,000/- 2 13923/2025 375835 dated 03.10.2025 _"_ Rs.2,50,000/- 3 13924/2025 375830 dated 03.10.2025 _"_ Rs.7,50,000/- 4 13926/205 375833 dated 03.10.2025 _"_ Rs.31,35,000/ - 5 13927/2025 375832 dated 03.10.2025 _"_ Rs.7,50,000/- 4. The amount deposited by the petitioner in these petitions has been kept in the Fixed Deposit as per the - 8 - HC-KAR NC: 2025:KHC:49430 CRL.P No. 13922 of 2025 C/W CRL.P No. 13923 of 2025 CRL.P No. 13924 of 2025 AND 2 OTHERS note made by the registry, at Union Bank of India, C T Street Branch, Bengaluru, Account No.376301980050000, IFSCUBIN0537632, MICR: 560026012 through K2 process, in the name of Registrar General, High Court of Karnataka, Bengaluru. 5. It is submitted that the appeals filed by the accused are pending before the Sessions Court. 6. In the above facts and circumstances, the following: ORDER (i) The order passed by the learned Sessions Judge directing to deposit 20% of the cheque amount is set aside. (ii) The respondent/complainant is at liberty to file necessary application/s before the appellate Court for withdrawal of 10% of the amount now in deposit in each case. - 9 - HC-KAR NC: 2025:KHC:49430 CRL.P No. 13922 of 2025 C/W CRL.P No. 13923 of 2025 CRL.P No. 13924 of 2025 AND 2 OTHERS (iii) If any such application/s is/are filed, learned Sessions Judge shall pass orders, in accordance with law, after hearing the learned counsel for the accused. (iv) Order for release of the amount if any, is subject to Section 148(3) of the NI Act. With the above observations, petitions are disposed of. Pending IAs are disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE BSV List No.: 1 Sl No.: 55