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2026 DAILYLAW 28382 (KAR)

SRI KUMAR G T v. SRI GIRISH M G

WP/18753/2026 · 2026-07-06

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:33735 WP No. 18753 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 18753 OF 2026 (GM-RES) BETWEEN: SRI. KUMAR G.T. S/O THIMMAPPA G.V. AGED ABOUT 48 YEARS RESIDING AT, 15/16, 2ND FLOOR, 5TH MAIN ROAD, 2ND CROSS, BALAJI LAYOUT, KOGILU, YELAHANKA BANGALORE - 560 065. …PETITIONER (BY SRI. BHASKAR GOWDA N.M, ADVOCATE) AND: SRI. GIRISH M.G. S/O LATE GOWDAIAH AGED ABOUT 50 YEARS RESIDING AT, NO. 277, GANGANADI ROAD, BRUNDAVAN NAGAR BANGALORE - 560 019. …RESPONDENT Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:33735 WP No. 18753 of 2026 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SEC. 482 OF THE CR.P.C PRAYING TO A) ISSUE A WRIT OF CERTIORARI, BY QUASHING THE ORDER DATED 13.06.2026 IN CRL.APPEAL. NO.1443/2026 PASSED BY THE LEARNED LXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-70) AS PER ANNEXURE-E CONSEQUENTLY AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayers: a) Issue a writ of Certiorari, by quashing the order dated:13.06.2026 in Crl.Appeal.No.1443/2026 passed by the Learned LXIX Additional City Civil and Sessions Judge, Bangalore (CCH-70) as per ANNEXURE-E; Consequently. b) To allow the I.A filed under section 389(1) of the Code of the Criminal Procedure filed by the Petitioner as per ANNEXURE-D, without insisting for the Petitioner to deposit 20% of the fine amount, in the given facts and circumstances of the case. - 3 - HC-KAR NC: 2026:KHC:33735 WP No. 18753 of 2026 c) To pass such other and further releifs as this Hon'ble Court may deems fit under the facts and circumstances of the case by allowing the writ petition, in the interest of justice and equity." 2. The petitioner is the accused, who gets convicted of the offence punishable under Section 138 of Negotiable Instruments Act, 1881. The conviction is challenged before the Appellate Court in Crl.A.No.1443/2026. The concerned Court suspends the sentence, subject to the condition of deposit of 20% of the amount. 3. The learned counsel appearing for the petitioner though has challenged the said order would restrict his submission that if four weeks time is granted beyond what the concerned Court has granted, the petitioner would deposit the amount of 20% before the concerned Court. 4. Though the submission would not merit any acceptance, however to grant an opportunity to the petitioner to deposit the said amount, four weeks time is granted over and above what the concerned Court has granted. 5. In the event, the petitioner would not deposit the amount even in the four weeks time that this Court is granting - 4 - HC-KAR NC: 2026:KHC:33735 WP No. 18753 of 2026 beyond what the concerned Court has granted, it is open to the concerned Court to pass necessary orders in accordance with law. 6. With the aforesaid observation, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 249