- 1 - HC-KAR NC: 2025:KHC:49304 WP No. 27885 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO. 27885 OF 2025 (GM-RES) BETWEEN: SRI MANJUNATHA P S S/O PUTTAPPA E, AGED ABOUT 48 YEARS, R/AT SRI NILAYA POORNA CHANDRA LAYOUT NETHAJINAGAR KOPPA TOWN CHIKKAMAGALURU DISTRICT 577126 …PETITIONER (BY SRI. SACHIN B S., ADVOCATE) AND: M/S SAHYADRI CHITS PVT LTD REPRESENTED BY ITS FOREMAN SRI RAMESH BHAT S/O MAHABALESHWARA BHAT AGED ABOUT 48 YEARS R/AT VINAYAKA NILAYA BESIDE ROYAL ORCHID BH ROAD SHIVAMOGGA 577201 UNDER THE COMPANIES ACT, 1965. …RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 12.05.2025 PASSED IN CRL.A. NO.68/2025 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA, TO THE EXTENT IT IMPOSES THE CONDITION OF DEPOSITING 20PERCENT OF THE FINE AMOUNT WHILE GRANTING INTERIM STAY, AS PER ANNEXURE- A. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49304 WP No. 27885 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER 1. The order dated 12.05.2025 passed in Crl.A.No.68/2025 by the Court of Principal District and Sessions Judge, Shivamogga, directing the petitioner to deposit 20% of the fine amount, is assailed in this petition. 2. Petitioner was convicted by the Trial Court for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. He was sentenced to pay a fine of Rs.11,05,000/- and to undergo simple imprisonment for a period of six months, in default of payment of fine, to further undergo simple imprisonment for two months. 3. In the appeal preferred by the accused, vide order dated 12.05.2025, the learned Sessions Judge was pleased to stay the judgment of conviction and sentence passed by the Trial Court, subject to deposit of 20% of the fine amount before the Trial Court and executing a bond - 3 - HC-KAR NC: 2025:KHC:49304 WP No. 27885 of 2025 for Rs.50,000/- with one surety for the likesum within sixty days. Since, the said condition was not complied, vide order dated 21.08.2025, the learned Sessions Judge has vacated the conditional stay order and directed the Trial Court to proceed against the accused in accordance with law. 4. The learned counsel for the petitioner submits that if a reasonable time is granted to deposit 20% of the fine amount, the petitioner will undertake to deposit the same. 5. The appeal preferred against the judgment of conviction and sentence passed by the Trial Court is pending before the Appellate Court. Considering the submission of the learned counsel and in the interest of justice, a reasonable time may be granted to the petitioner / accused to make the deposit as directed. - 4 - HC-KAR NC: 2025:KHC:49304 WP No. 27885 of 2025 O R D E R (i) Subject to the petitioner depositing 20% of the fine amount as ordered by the Appellate Court in Crl.A.No.68/2025, within a period of four weeks from today, the order dated 21.08.2025 passed therein is set-aside. (ii) The deposit shall be made on or before 26.12.2025 before the Trial Court. (iii) If the amount is not deposited as ordered herein and other conditions imposed by the appellate Court are not complied within the time stipulated herein, the Trial Court shall proceed in accordance with law. Petition is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE GH List No.: 1 Sl No.: 16