- 1 - HC-KAR NC: 2026:KHC:32581 CRL.P No. 5548 of 2026 C/W CRL.P No. 5494 of 2026 CRL.P No. 5499 of 2026 AND 3 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 5548 OF 2026 C/W CRIMINAL PETITION NO. 5494 OF 2026 CRIMINAL PETITION NO. 5499 OF 2026 CRIMINAL PETITION NO. 5500 OF 2026 CRIMINAL PETITION NO. 5581 OF 2026 CRIMINAL PETITION NO. 5584 OF 2026 IN CRL.P No. 5548/2026 BETWEEN: MR. KAPIL ANNASO NALANG S/O ANNASO DEVAPPA NALANG AGE 37 YEARS, OCC. BUSINESS ADDRESS -1185/K-14, RAJARAMPURI 4TH LANE, KOLHAPUR MAHARASHTRA - 416 008. …PETITIONER (BY SRI. SHANE NICHOLSON GANGERA, ADVOCATE) AND: AVANTI FINANCE PRIVATE LIMITED., CIN NO. U65929KA2016PTC38355, REGISTERED OFFICE AT NO. 22727 2ND FLOOR 1ST MAIN ROAD, Digitally signed by PADMAVATHI B K Location: High Court of Karnataka Date: 2026.07.03 18:48:57 +0530 - 2 - HC-KAR NC: 2026:KHC:32581 CRL.P No. 5548 of 2026 C/W CRL.P No. 5494 of 2026 CRL.P No. 5499 of 2026 AND 3 OTHERS HAL 3RD STAGE, WARD NO. 58 OLD NO. 83, NEW THIPPASANDRA, BENGALURU - 560 075. REPRESENTED BY ITS AUTHORITY SIGNATORY, RAKSHA. …RESPONDENT (BY SRI. MRUTHYUNJAYA S. MATHAPATI, ADVOCATE) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO MODIFY THE ORDER DTD 22.11.2025 IN CRL.A.NO.1661/2025 PENDING ON THE FILE OF LXVII ADDL. C.C. AND SJ U/S 148(1) AND (2) OF N.I ACT AND WITH RESPECT TO THE CONDITION REGARDING DEPOSIT THE 15% OF FINE AMOUNT IN THE INTEREST OF JUSTICE. IN CRL.P NO. 5494/2026 BETWEEN: MR YOGESH B BURATAE S/O BABASAHEB SHREEDHARARAO BURATE AGED ABOUT 40 YEARS, R/AT PLOT NO.466 R.K.NAGAR, SOCIETY NO.6 PANCHGAON ROAD, KOLHAPUR MAHARASHTRA - 416 013. ...PETITIONER (BY SRI. SHANE NICHOLSON GANGERA, ADVOCATE) AND: AVANTI FINANCE PRIVATE LIMITED., CIN NO. U65929KA2016PTC38355, REGISTERED OFFICE AT NO. 22727 - 3 - HC-KAR NC: 2026:KHC:32581 CRL.P No. 5548 of 2026 C/W CRL.P No. 5494 of 2026 CRL.P No. 5499 of 2026 AND 3 OTHERS 2ND FLOOR, 1ST MAIN ROAD, HAL 3RD STAGE, WARD NO. 58 OLD NO. 83, NEW THIPPASANDRA, BENGALURU - 560 075. REPRESENTED BY ITS AUTHORITY SIGNATORY, RAKSHA. ...RESPONDENT (BY SRI. MRUTHYUNJAYA S. MATHAPATI, ADVOCATE) THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) OF CR.P.C PRAYING TO MODIFY THE ORDER DATED 22.11.2025 IN CRL.A.NO.1663/2025 PENDING ON THE FILE OF THE LXVII ADDL.C.C. AND SJ U/S 148(1)(2) OF N.I ACT, WITH RESPECT TO THE CONDITION REGARDING DEPOSIT THE 15% OF THE FINE AMOUNT IN THE INTEREST OF JUSTICE. IN CRL.P NO. 5499/2026 BETWEEN: MR. SUSHANT V. PHADNIS S/O VIJAY DAMODAR PHANDIS AGE 44 YEARS, OCC: BUSINESS MERMAID 2 FLAT NO. 402, PLOT NO. 52, OPPOSITE SAROVER VIHAAR SECTOR - 11, CBD BELAPUR NAVI MUMBAI - 400 614. ...PETITIONER (BY SRI. SHANE NICHOLSON GANGERA, ADVOCATE) - 4 - HC-KAR NC: 2026:KHC:32581 CRL.P No. 5548 of 2026 C/W CRL.P No. 5494 of 2026 CRL.P No. 5499 of 2026 AND 3 OTHERS AND: AVANTI FINANCE PRIVATE LIMITED., CIN NO. U65929KA2016PTC38355, REGISTERED OFFICE AT NO. 22727 2ND FLOOR, 1ST MAIN ROAD, HAL 3RD STAGE, WARD NO. 58 OLD NO. 83, NEW THIPPASANDRA, BENGALURU - 560 075. REPRESENTED BY ITS AUTHORITY SIGNATORY, RAKSHA. ...RESPONDENT (BY SRI. MRUTHYUNJAYA S. MATHAPATI, ADVOCATE) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO MODIFY THE ORDER DATED 22.11.2025 IN CRL.A 1665/2025 PENDING ON THE FILE OF THE LXVII ADDL.CITY CIVIL AND SESSIONS JUDGE U/S 148(1) AND (2) OF NI ACT WITH RESPECT TO THE CONDITION REGARDING DEPOSIT THE 15% OF THE FINE AMOUNT IN THE INTERST OF JUSTICE. IN CRL.P NO. 5500/2026 BETWEEN: MR. SUSHANT V. PHADNIS S/O VIJAY DAMODAR PHADNIS AGE 44 YEARS, OCC. BUSINESS MERMAID 2 FLAT NO. 402, PLOT NO. 52, OPPPOSITE SAROVER VIHAAR, SECTOR- 11, CBD BELAPUR, NAVI MUMBAI - 400 614. ...PETITIONER (BY SRI. SHANE NICHOLSON GANGERA, ADVOCATE) - 5 - HC-KAR NC: 2026:KHC:32581 CRL.P No. 5548 of 2026 C/W CRL.P No. 5494 of 2026 CRL.P No. 5499 of 2026 AND 3 OTHERS AND: AVANTI FINANCE PRIVATE LIMITED., CIN NO. U65929KA2016PTC38355, REGISTERED OFFICE AT NO. 22727 2ND FLOOR, 1ST MAIN ROAD, HAL 3RD STAGE, WARD NO. 58 OLD NO. 83, NEW THIPPASANDRA, BENGALURU - 560 075. REPRESENTED BY ITS AUTHORITY SIGNATORY, RAKSHA. ...RESPONDENT (BY SRI. MRUTHYUNJAYA S. MATHAPATI, ADVOCATE) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO ALLOW THE PEITION AND EXEMPT THE APPLICANT FROM DEPOSITING 15% OF FINE AMOUNT OR MODIFY OR RELAX THE CONDITION REGARDING DEPOSIT THE 15% OF THE FINE AMOUNT. PETITIONER IN C.C.NO. 17029/2024 FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 R/W 142 OF NI ACT, PENDING IN CRL. A 1664/2025 BEFORE THE COURT OF HONBLE CITY CIVIL AND SESSION, BENGALURU. IN CRL.P NO. 5581/2026 BETWEEN: MR AKSHAY JAIPRAKASH KHAMKAR AGE 73 YEARS, OCC. BUSINESS ADDRESS:- ROOM NO. 110, 3RD FLOOR F1 RAWJISOJPAL BUILDING, S.K. BOLE ROAD, DADAR, MUMBAI - 400 028. ...PETITIONER (BY SRI. SHANE NICHOLSON GANGERA, ADVOCATE) - 6 - HC-KAR NC: 2026:KHC:32581 CRL.P No. 5548 of 2026 C/W CRL.P No. 5494 of 2026 CRL.P No. 5499 of 2026 AND 3 OTHERS AND: AVANTI FINANCE PRIVATE LIMITED., CIN NO. U65929KA2016PTC38355, REGISTERED OFFICE AT NO. 22727 2ND FLOOR, 1ST MAIN ROAD, HAL 3RD STAGE, WARD NO. 58 OLD NO. 83, NEW THIPPASANDRA, BENGALURU - 560 075. REPRESENTED BY ITS AUTHORITY SIGNATORY, RAKSHA. ...RESPONDENT (BY SRI. MRUTHYUNJAYA S. MATHAPATI, ADVOCATE) THIS CRL.P IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DTD 18.12.2025 IN CRL.A.NO.2046/2025, PENDING BEFORE THE LXVII ADDL. CITY CIVIL AND SESSIONS JUDGE, FOR THE OFFENCES P/U/S 148(1) AND (2) OF N.I ACT AND EXEMPT THE APPLICANT FROM DEPOSITING 15% OF FINE AMOUNT OR MODIFY OR RELAX THE CONDITION REGARDING DEPOSIT THE 15% OF THE FINE AMOUNT. IN CRL.P NO. 5584/2026 BETWEEN: MR. YOGESH B. BURATE S/O BABASAHEB SHREEDHARAO BURATE OCC. BUSINESS ADDRESS: PLOT NO. 466 R.K. NAGAR, SOCIETY NO.6 PANCHGAON ROAD, KOLHAPUR MAHARASHTRA - 416 013. ...PETITIONER (BY SRI. SHANE NICHOLSON GANGERA, ADVOCATE) - 7 - HC-KAR NC: 2026:KHC:32581 CRL.P No. 5548 of 2026 C/W CRL.P No. 5494 of 2026 CRL.P No. 5499 of 2026 AND 3 OTHERS AND: AVANTI FINANCE PRIVATE LIMITED., CIN NO. U65929KA2016PTC38355, REGISTERED OFFICE AT NO. 22727 2ND FLOOR, 1ST MAIN ROAD, HAL 3RD STAGE, WARD NO. 58 OLD NO. 83, NEW THIPPASANDRA, BENGALURU - 560 075. REPRESENTED BY ITS AUTHORITY SIGNATORY, RAKSHA. ...RESPONDENT (BY SRI. MRUTHYUNJAYA S. MATHAPATI, ADVOCATE) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE ORDER DATED 22.11.2025 IN CRL.A 1662/2025 PENDING ON THE FILE OF LXVII ADDL. CC AND SJ U/S 148(1) AND (2) OF NI ACT AND EXEMPT THE APPLICANT FROM DEPOSITING 15% OF FINE AMOUNT OR MODIFY OR RELAX THE CONDITION REGARDING DEPOSIT THE 15% OF THE FINE AMOUNT. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER 1. These petitioners are the accused who have been convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The petitioners filed - 8 - HC-KAR NC: 2026:KHC:32581 CRL.P No. 5548 of 2026 C/W CRL.P No. 5494 of 2026 CRL.P No. 5499 of 2026 AND 3 OTHERS an appeal before the concerned Court. In the appeal, the concerned Court passes an order of suspension of sentence, subject to the condition as obtained under Section 148(1) and (2) of the Negotiable Instruments Act, 1881, which would be deposit of 15% of the fine amount which is less than the statutory mandate of 20%. Even that is not paid and therefore, the petitioners are at the doors of this Court. 2. Learned counsel for the petitioners submits that due to non payment of the said amount, the petitioners are now in the custody and this Court should permit them to come out of custody and then grant time for payment. 3. While the said submission of the petitioners being released from custody is not acceptable, but the submission that if two weeks' time is granted, needful would be done and the concerned Court would pass necessary orders thereon merits acceptance. - 9 - HC-KAR NC: 2026:KHC:32581 CRL.P No. 5548 of 2026 C/W CRL.P No. 5494 of 2026 CRL.P No. 5499 of 2026 AND 3 OTHERS 4. In that light, I deem it appropriate to dispose these petitions, reserving liberty to the petitioners to approach the concerned Court as and when the compliance of the order would come about. 5. In the event, compliance is projected by the next date or in the next two weeks as the case would be, the concerned Court shall pass necessary orders directing release of these petitioners from prison in the light of the compliance with the said order. 6. With the foresaid observation, the petitions stand disposed of. Sd/- (M.NAGAPRASANNA) JUDGE GH List No.: 1 Sl No.: 16