- 1 - HC-KAR NC: 2025:KHC:51555 CRL.P No. 14163 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14163 OF 2025 BETWEEN: SRI. MD.AZHARUDDIN S/O MD. JALAL SAHAB, AGED 33 YEARS. OCCUPATION WOOD MERCHANT AND SAWMILL WORK, RESIDING AT MB SAWMILL, 4TH CROSS, SIDDIQUIA MASJID ROAD, TIPPUNAGRA, CHENNAGIRI TOWN, CHENNAGIRI TALUK, DAVANAGERE DISTRICT-577 213. …PETITIONER (BY SRI. SAMEER S N.,ADVOCATE) AND: SRI. GE ASHOK S/O ESWARAPPA, AGED 40 YEARS. OCCUPATION AGRICULTURE AND BUSINESS. RESIDING AT CHENNESHPURA VILLAGE, CHENNAGIRI TALUK, DAVANAGERE DISTRICT-577221 …RESPONDENT THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE IMPUGNED ORDER DATED 10.09.2025, PASSED BY THE HONBLE PRL.DISTRICT AND SESSIONS COURT, DAVANAGERE ON I.A. NO.1 FILED UNDER SEC.430(1) OF THE BNSS/ SEC.389(1) OF CR.PC IN CRL.A.NO.173/2025 IN SO FAR AS THE IMPUGNED ORDER IMPOSES A CONDITION TO THE PETITIONER TO DEPOSIT 20 PERCENT OF THE FINE AMOUNT. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:51555 CRL.P No. 14163 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 Order dated 10.09.2025 passed by the learned Principal District and Sessions Judge, Davanagere in Crl.A.No.173/2025, directing the petitioner to deposit 20% of the fine amount, is challenged in this petition. 2. The learned counsel has contended that before directing to deposit 20% of the fine amount, the appellate Court should have considered as to whether it is an exceptional case which warrants grant of suspension of sentence without imposing the condition to deposit the 20% of the fine / compensation, as held by the Apex Court in 'Jambu Bandari V/s. Madhya Pradesh State Industrial Development Corporation Ltd. and others (Crl.A.No.2742/2023 DD 04.09.2023)'. - 3 - HC-KAR NC: 2025:KHC:51555 CRL.P No. 14163 of 2025 3. Without prejudice to the above contention, learned counsel submits that if some more time is granted for the petitioner to deposit the amount, he will make an endeavor to deposit the fine amount. 4. In this case, learned Senior Civil Judge and JMFC at Channagiri, vide judgment dated 11.08.2025 in C.C.No.150/2023, has convicted the accused / petitioner for the offence Punishable under Section 138 of the NI Act and sentenced him to pay fine of Rs.5,10,000/-. 5. In the appeal, vide impugned order, the learned Sessions Judge while suspending the sentence has directed the accused / petitioner to deposit 20% of the fine amount within 30 days from the date of the order and further, directed him to appear before the trial Court and execute a personal bond for a sum of Rs.50,000/- with one surety. 6. Considering the submission of the learned counsel, this Court is of the considered view that a - 4 - HC-KAR NC: 2025:KHC:51555 CRL.P No. 14163 of 2025 reasonable time can be granted for the petitioner to deposit the fine amount, in the interest of justice. Accordingly, the following:- ORDER i) The petitioner is granted 30 days time from today to comply with the order dated 10.09.2025 passed in Crl.A.No.173/2025 by the Court of Principal District and Sessions Judge, Davanagere. ii) Petition is disposed of. I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 40