- 1 - HC-KAR NC: 2025:KHC:45327 CRL.P No. 14011 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14011 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: M/S. SRINIVAS TRADING AND TRANSPORT R/Y ITS PROPRIETOR SMT NITYASHREE W/O RAJA AGED ABOUT 35 YEARS R/AT D NO. 4-199 (9) 2ND FLOOR BJM COMPLEX MARPADY VILLAGE MOODABIDRE, DAKSHINA KANNADA 574227 …PETITIONER (BY SRI. DHANANJAY KUMAR.,ADVOCATE) AND: M/S. SRI RAM TRANSPORT FINANCE COMPANY LIMITED LINGAPPA NAYAK STREET BRANCH OFFICE MOODBIDRE DIVISIOBNAL OFFICE MANAGALORE 574227 R/BY ITS OFFICER AND GPA HOLDER K VASDEVA AGED ABOUT 53 YEARS S/O LATE K L BHAT …RESPONDENT (BY SRI. NARAYANA SWAMY D., ADVOCATE) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE ORDER DATED 09.09.2025 Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:45327 CRL.P No. 14011 of 2025 PASSED BY THE I ADDL.DISTRICT AND SESSIONS JUDGE, D.K.MANGALURU IN CRL.A NO.272/2025., AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard both sides. 2. For non-compliance of the order dated 09.06.2025 passed in Criminal Appeal No.272 of 2025 by the Court of First Additional District and Sessions Judge, Dakshin Kannada, Mangaluru, NBW and FLW have been issued against the petitioner. 3. Against the judgment of conviction and sentence passed by the trial Court in C.C.No.2 of 2017 dated 01.04.2025, convicting the petitioner / accused for an offence under Section 138 of the N.I. Act and sentencing to pay a fine of Rs.23,50,000/-, she filed Criminal Appeal No.272 of 2025 before the Principal District and Sessions Judge, Mangaluru. The Learned Sessions Judge has suspended the sentence imposed against the accused by an order dated 09.06.2025, subject to certain conditions, including that 20% of the cheque - 3 - HC-KAR NC: 2025:KHC:45327 CRL.P No. 14011 of 2025 amount has to be deposited within 60 days. As the said amount was not deposited, the appellate court has issued NBW and FLW. 4. The direction to deposit 20% of the cheque amount was on 09.06.2025. As per the order, the said amount ought to have been deposited within 60 days. Hence, it is contented by the learned counsel for the respondent that the petitioner is not entitled for any relief, much less the one sought in the petition. 5. Learned counsel for the petitioner has however submitted that the amount is huge and the petitioner being a woman, she is finding it extremely difficult to arrange the money and if a reasonable time is granted, she will undertake to deposit the amount as directed. 6. As per the submission made by the learned counsel for the petitioner, 5 months is already over from the date of the order passed by the appellate court. As on today, the amount has not been deposited as directed. However, in the interest of justice, as it is submitted by the learned counsel that petitioner will undertake to deposit the amount within a reasonable time, - 4 - HC-KAR NC: 2025:KHC:45327 CRL.P No. 14011 of 2025 this Court deems it fit to grant two weeks from today to deposit the 20% of the cheque amount as directed by the Appellate Court in Criminal Appeal No.272 of 2025 vide order dated 09.06.2025. 7. Subject to deposit of the amount as ordered, within two weeks from today, which expires on 21.11.2025, the order issuing NBW and FLW against the petitioner are set aside. If the amount is not deposited within two weeks from today, the appellate court shall proceed in accordance with law. Petition is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE SS List No.: 1 Sl No.: 99