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High Court of Karnataka · body

2025 DAILYLAW 91708 (KAR)

SRI MITHUN R v. SRI C PAVAN

CRL.P/12001/2024 · 2025-10-15

Mohammad Nawaz

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:40839 CRL.P No. 12001 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12001 OF 2024 BETWEEN: SRI. MITHUN R S/O J.RAMACHADRAIAH. AGED ABOUT 32 YEARS, RESIDING AT RAMAPURA BIDARAHALLI HOBLI, BENGALURU EAST TALUK, BENGALURU - 560 049. …PETITIONER (BY SRI. SHANKAR B., ADVOCATE) AND: SRI. C PAVAN S/O G CHANDRASHEKAR REDDY AGED ABOUT 36 YEARS RESIDING AT OLD NO.858/1, NEW NO.2, 2ND CROSS, SUBBAYYANAPALYA, BANASAWADI MAIN ROAD, BENGALURU - 560 033 …RESPONDENT (BY SRI. GURUVA REDDY N, ADVOCATE) *** THIS CRL.P. IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO 1) SET ASIDE THE ORDER PASSED BY THE Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:40839 CRL.P No. 12001 of 2024 ADDL. CITY CIVIL AND SESSIONS JUDGE, MAYOHALL AT BENGALURU IN CRL.A.NO.25155/2024 DATED 15.11.2024 BY DISMISSING THE APPLICATION FILED U/S 148(2) OF THE N.I. ACT, ETC.. THIS CRL.P., COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is aggrieved by the order passed by the LXXIII Additional City Civil and Sessions Judge (CCH-74), M.H. Unit, Bengaluru, in Criminal Appeal No.25155/2024, wherein the prayer for extension of time to deposit 20% of the fine amount was rejected. 2. Matter arises out of proceedings initiated for an offence punishable under Section 138 of the N.I. Act. Petitioner was convicted by the trial Court. In the appeal preferred by him before the appellate Court, the learned Sessions Judge, vide order dated 06.05.2024, suspended the sentence imposed against him on a condition of depositing 20% of the fine amount and executing a - 3 - HC-KAR NC: 2025:KHC:40839 CRL.P No. 12001 of 2024 personal bond for the balance fine amount with like-sum with one surety before the Trial Court. 3. By virtue of the order passed by this Court on 08.11.2024, it is seen that the amount was deposited by the petitioner before this Court and it is now deposited at Canara Bank, Govt. Business Branch, Bengaluru. The respondent is at liberty to make an appropriate application before the appellate Court, seeking necessary orders, which may be considered, in accordance with law. Petition is disposed of. Pending I.A.No.1/2024 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE BMV* List No.: 1 Sl No.: 16 CT: BHK - 4 - HC-KAR NC: 2025:KHC:40839 CRL.P No. 12001 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU [SRI MITHUN R VS. SRI C PAVAN] 24.11.2025 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER ON 'BEING SPOKEN TO' The learned counsel for respondent submits that a sum of Rs.18,00,000/- towards 20% of the fine amount, has been deposited by the petitioner/accused before this Court and necessary direction may be issued to the first appellate Court for release of the said amount. It is seen that the amount deposited before this Court has been invested in a fixed deposit at Canara Bank, Government Business Branch, Bangalore, on 07.02.2025. It is open for the respondent to file necessary application for release of the amount before the appellate Court and upon such application, after considering the submissions of both the parties, the learned Sessions Judge shall pass orders in accordance with law. This order shall be read in conjunction with the order dated 15.10.2025. Sd/- (MOHAMMAD NAWAZ) JUDGE ASN/List No.: 1 Sl No.: 2