- 1 - HC-KAR NC: 2026:KHC-D:827 CRL.P No. 101658 of 2025 C/W CRL.P No. 101664 of 2025 CRL.P No. 101665 of 2025 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION No.101658 OF 2025 (482(CR.PC)/528(BNSS)) C/W CRIMINAL PETITION No.101664 OF 2025 CRIMINAL PETITION No.101665 OF 2025 CRIMINAL PETITION No.101670 OF 2025 IN CRL.P NO. 101658/2025 BETWEEN: SRI. SANGAPPA S/O NINGAPPA HADAPAD AGE 34 YEARS, OCC. PRIVATE CIVIL ENGINEER R/O. PROP VSR BUILDERS, NEAR SHIVE TALKIES GANGAVATHI, TQ. GANGAVATHI DIST KOPPAL 583231. …PETITIONER (BY SRI. IRANAGOUDA K. KABBUR, ADVOCATE) AND: SRI RANGAPPA S/O. DYAVANNA AGE. 38 YEARS, OCC. SUB-CONTRACTOR AND LAND LORD, R/O. WARD NO.18, UPPAR ONI, GANGAVATHI, TQ. GANGAVATHI, DIST. KOPPAL 583231. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench. - 2 - HC-KAR NC: 2026:KHC-D:827 CRL.P No. 101658 of 2025 C/W CRL.P No. 101664 of 2025 CRL.P No. 101665 of 2025 AND 1 OTHER …RESPONDENT (BY SRI. M. AMAREGOUDA ,ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) PRAYING TO SET ASIDE INTERIM ORDER DATED 11.03.2025 ON THE APPLICATION FILED U/SEC. 143(A) OF NI ACT IN C.C.NO. 196/2023 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, GANGAVATHI, OFFENCE U/SEC. 138 OF NI ACT DIRECTING THE ACCUSED TO PAY 3% OF CHEQUE AMOUNT AN AN INTERIM COMPENSATION, IN THE INTEREST OF JUSTICE AND EQUITY. IN CRL.P NO. 101664/2025 BETWEEN: SRI SANGAPPA S/O NINGAPPA HADAPAD AGE 34 YEARS, OCC. PRIVATE CIVIL ENGINEER R/O. PROP VSR BUILDERS, NEAR SHIVE TALKIES, GANGAVATHI, TQ GANGAVATHI DIST KOPPAL 583231. ...PETITIONER (BY SRI. IRANAGOUDA K. KABBUR, ADVOCATE) AND: SRI RANGAPPA S/O. DYAVANNA, AGE. 38 YEARS, OCC. SUB-CONTRACTOR AND LAND LORD, R/O. WARD NO.18, UPPAR ONI, GANGAVATHI, TQ. GANGAVATHI, DIST. KOPPAL 583231 ...RESPONDENT (BY SRI. M. AMAREGOUDA, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) PRAYING THAT SET - 3 - HC-KAR NC: 2026:KHC-D:827 CRL.P No. 101658 of 2025 C/W CRL.P No. 101664 of 2025 CRL.P No. 101665 of 2025 AND 1 OTHER ASIDE THE INTERIM ORDER DATED 11.03.2025 IN CC NO.199/2023 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, GANGAVATHI, OFFENCE U/S 138 OF NI ACT DIRECTING THE ACCUSED TO PAY 3% OF CHEQUE AMOUNT AS AN INTERIM COMPENSATION, IN THE INTEREST OF JUSTICE AND EQUITY. IN CRL.P NO. 101665/2025 BETWEEN: SRI SANGAPPA S/O NINGAPPA HADAPAD AGE 34 YEARS, OCC. PRIVATE CIVIL ENGINEER R/O. PROP VSR BUILDERS, NEAR SHIVE TALKIES, GANGAVATHI, TQ. GANGAVATHI, DIST KOPPAL 583231. ...PETITIONER (BY SRI. IRANAGOUDA K. KABBUR, ADVOCATE) AND: SRI RANGAPPA S/O. DYAVANNA, AGE. 38 YEARS, OCC. SUB-CONTRACTOR AND LAND LORD, R/O. WARD NO.18, UPPAR ONI, GANGAVATHI, TQ. GANGAVATHI, DIST. KOPPAL583231. ...RESPONDENT (BY SRI. M. AMAREGOUDA, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) PRAYING TO SET ASIDE INTERIM ORDER DATED 11.03.2025 IN C.C.NO. 201/2023 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, - 4 - HC-KAR NC: 2026:KHC-D:827 CRL.P No. 101658 of 2025 C/W CRL.P No. 101664 of 2025 CRL.P No. 101665 of 2025 AND 1 OTHER GANGAVATHI, ON THE APPLICATION FILED U/SEC. 143(A) OF NI ACT DIRECTING THE ACCUSED TO PAY 3% OF CHEQUE AMOUNT AS AN INTERIM COMPENSATION, IN THE INTEREST OF JUSTICE AND EQUITY. IN CRL.P NO. 101670/2025 BETWEEN: SRI SANGAPPA S/O NINGAPPA HADAPAD AGE 34 YEARS, OCC. PRIVATE CIVIL ENGINEER R/O. PROP VSR BUILDERS, NEAR SHIVE TALKIES GANGAVATHI, TQ GANGAVATHI, DIST KOPPAL 583231. ...PETITIONER (BY SRI. IRANAGOUDA K KABBUR, ADVOCATE) AND: SRI RANGAPPA S/O DYAVANNA AGE 38 YEARS, OCC. SUB-CONTRACTOR AND LADN LORD, R/O WARD NO 18, UPPAR ONI, GANGAVATHI, TQ. GANGAVAHI DIST. KOPPAL 583231. ...RESPONDENT (BY SRI. M. AMAREGOUDA, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) PRAYING THAT SET ASIDE INTERIM ORDER DATED 11.03.2025 IN CC NO.205/2023 ON THE APPLICATION FILED U/S 143(A) OF NI ACT PASSED BY SENIOR CIVIL JUDGE AND JMFC, GANGAVATHI, DIRECTING THE ACCUSED TO PAY 3% OF CHEQUE AMOUNT AS AN INTERIM COMPENSATION, IN THE INTEREST OF JUSTICE AND EQUITY. - 5 - HC-KAR NC: 2026:KHC-D:827 CRL.P No. 101658 of 2025 C/W CRL.P No. 101664 of 2025 CRL.P No. 101665 of 2025 AND 1 OTHER THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Iranagouda K. Kabbur, learned counsel for the petitioner and Sri M.Amaregouda, learned counsel for the respondent. 2. In all these matters, accused is the petitioner challenging the Order dated 11.03.2025 passed by the learned Senior Civil Judge, Gangavathi, wherein, pending Trial, without following the guidelines issued by the Hon'ble Apex Court in the case of Rakesh Ranjan Shrivastava vs. State of Jharkhand reported in (2024)4 SCC 419, mechanically directed the accused to pay 3% of the cheque amount as interim compensation to the complainant. 3. After hearing the parties, this Court is of the considered opinion that, the order of the Trial Magistrate if modified by directing 3% of the cheque amount to be deposited in a fixed deposit in a Nationalized Bank so as to earn interest and subject to the end result of the petition, successful party would - 6 - HC-KAR NC: 2026:KHC-D:827 CRL.P No. 101658 of 2025 C/W CRL.P No. 101664 of 2025 CRL.P No. 101665 of 2025 AND 1 OTHER be in a position to withdraw the same, would meet the ends of justice. 4. Hence the following: ORDER (i) Criminal Petitions stand disposed of. (ii) The order of the Trial Court is modified by directing that 3% of the cheque amount as ordered shall be deposited in a fixed deposit in any nationalized bank initially for a period of six months subject to completion of the trial and with a further direction that the successful party would be entitled to withdraw the said amount with accrued interest. Ordered accordingly. Sd/- (V.SRISHANANDA) JUDGE kcm CT-CMU LIST NO.: 2 SL NO.: 46