- 1 - HC-KAR NC: 2025:KHC:38604 CRL.P No. 12659 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 12659 OF 2025 BETWEEN: M.E. MOHAMMED KURESHI S/O ISMAIL, AGED 45 YEARS INDIRANAGAR, NAPOKLU, MADIKERI TALUK, KODAGU DISTRICT – 571 201 …PETITIONER (BY SRI. PRASANNA D.P, ADVOCATE) AND: B.C. GAPPANNA S/O CHENGAPPA AGED 64 YEARS NEAR PHC, NAPOKLU TOWN, MADIKERI TALUK, KODAGU DISTRICT – 571 201. …RESPONDENT THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE ORDER DATED 18.08.2025 IN CRL.A.NO.18/2025 ON THE FILE OF THE PRL.DISTRICT AND SESSIONS JUDGE AT MADIKERI KODAGU DISTRICT CONSEQUENTLY ALLOW THE APPLICATION BY Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38604 CRL.P No. 12659 of 2025 EXTENDING THE TIME TO DEPOSIT 20 PERCENT OF FINE AMOUNT AS PER THE ORDER DATED 12.03.2025. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed assailing the conditional order passed by the appellate court in Crl.A.No.18/2025, wherein the petitioner is called upon to deposit 20% of the cheque amount. 2. Though the conditional order passed by the appellate court is under challenge before this Court, the learned counsel appearing for the petitioner submitted that the accused is ready and willing to deposit 20% of the cheque amount. On that basis, he seeks issuance of an appropriate direction from this Court to extend the time for compliance with the condition imposed. 3. It is not in dispute that the petitioner stands convicted for the offence punishable under Section 138 of - 3 - HC-KAR NC: 2025:KHC:38604 CRL.P No. 12659 of 2025 the Negotiable Instruments Act. The order of conviction was challenged in appeal and, pending disposal of the appeal, the appellate court granted an order of stay, subject to the condition that the petitioner shall deposit 20% of the cheque amount within the stipulated time. It is true that the petitioner did not comply with the said condition within the prescribed period. There is, therefore, some laxity on the part of the petitioner in adhering to the directions of the appellate court. 4. Nonetheless, having regard to the fact that the right of appeal is a statutory right and that the petitioner has now expressed willingness to deposit the requisite sum, this Court is of the considered view that an opportunity may be granted, in the interest of justice, to enable the petitioner to comply with the condition imposed by the appellate court. 5. Accordingly, while declining to interfere with the order of the appellate court, this Court directs that if the - 4 - HC-KAR NC: 2025:KHC:38604 CRL.P No. 12659 of 2025 petitioner submits a demand draft for 20% of the cheque amount before the appellate court, along with an application seeking extension of time, within a period of four weeks from the date of receipt of a certified copy of this order, the appellate court shall take note of these observations and consider such application favourably, so as to secure the ends of justice. With the aforesaid observations and directions, the criminal petition stands disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 39