SHRI.DATTA S/O NEELKANT RAIKAR v. SANKALP CREDIT SOUHARD SAHAKARI NIYAMIT
CRL.P/100491/2021 · 2026-01-29
V Srishananda
body2026
DailyLaw.ai
[ 2026 DAILYLAW 53356 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 53356 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC-D:1138 CRL.P No. 100491 of 2021
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 100491 OF 2021 (482(CR.PC)/528(BNSS)) BETWEEN:
SHRI. DATTA S/O NEELKANT RAIKAR AGE. 63 YEARS, OCC. BUSINESS, R/O. CTS NO.5962, ANAND NILAY, CONGRESS ROAD, TLAKWADI, BELAGVI, TQ. AND DIST. BELAGAVI 590001. …PETITIONER (BY SRI. SANTOSH B. RAWOOT,ADVOCATE) AND:
SANKALP CREDIT SOUHARD SAHAKARI NIYAMIT REPRESENTED BY ITS SECRETARY, SHRI. SANJEEV SUBRAO KULKARNI, AGE. 42 YEARS, OCC. SERVICE, R/O. SAI ESHWAR PLAZA, GROUND FLOOR, SPM ROAD, BELAGAVI 590001. …RESPONDENT (NOTICE SERVED TO RESPONDENT)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ORDER PASSED BY THE JMFC-VI, BELAGAVI, ONE APPLICATION UNDER SECTION 143(A) OF THE N.I.
ACT, DATED 26/09/2019 IN C.C.NO.124/2019, BY ALLOWING THIS PETITION IN THE INTEREST OF JUSTICE.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench
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HC-KAR NC: 2026:KHC-D:1138 CRL.P No. 100491 of 2021
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)
Heard Sri.Santosh B. Rawoot, learned counsel for the petitioner. None appears for the respondent though served with the notice.
2.
Order of the Trial Court which is a discretionary
order to deposit 20% of the cheque amount is assailed by exercising the power under Section 143(a) of the Negotiable Instruments Act is assailed in this petition by contending that the learned Trial Magistrate has passed the
order mechanically.
3. To quell the apprehension expressed by the petitioner, if 20% of the cheque amount is ordered to be kept in a Fixed Deposit to earn interest so as to facilitate the successful party to withdraw the same with interest, ends of justice would be met.
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HC-KAR NC: 2026:KHC-D:1138 CRL.P No. 100491 of 2021
4. Accordingly, the following:
ORDER i. Petition stands disposed of. ii. 20% of the cheque amount ordered by the Trial Court shall be kept in a Fixed Deposit initially for a period of six months to earn the interest and if need be, to be renewed so as to allow the successful party to withdraw the amount in the Fixed Deposit with accrued interest. Ordered accordingly.
Sd/- (V.SRISHANANDA) JUDGE
KAV, CT:CMU LIST NO.: 2 SL NO.: 17