IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.3060 OF 2019 BETWEEN:
1. M/S. ALPINE TRAVELS AND TOURS PRIVATE LIMITED NO.134, INFANTRY ROAD BENGALURU - 560 001 REPRESENTED BY ITS MANAGING DIRECTOR 2. MR. RAMRAJ KARTHICK S/O MR. RANGARAJU AGED ABOUT 36 YEARS 3. MRS. REENA KARTHIK W/O MR. RAMARAJKARTHIK AGED ABOUT 32 YEARS PETITIONERS NO.2 AND 3 ARE RESIDING AT NO.1051 "SHOBHA IRIS" APARTMENT SARJAPUR ROAD BENGALURU - 560 103 … PETITIONERS (BY SHRI. M.H. HANEEF, ADVOCATE) AND:
M/S WEIZMENN FOREX LTD A REGISTERED COMPANY HAVING ITS ADMINISTRATIVE OFFICE AT NO.50, GROUND FLOOR "MILLENNIUM TOWERS"
QUEENS ROAD, BENGALURU-560 051 REPRESENTED BY AUTHORIZED SIGNATORY ... RESPONDENT (BY SHRI. H. ARAVIND REDDY, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH/MODIFY THE CONDITIONS NO.1 PUT FORWARDED IN THE ORDER DATED 28.02.2019 PASSED BY THE LEARNED LXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BANGALORE (CCH-75) IN CRL.A.NO.25050/2019 IN I.A.NO.1 (ANNEXURE-A).
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioners are aggrieved by order dated 28.02.2019, whereby the learned Sessions Judge while considering application filed under Section 389(1) of Cr.P.C., in CRL.A.No.25050/2019 has directed them to deposit 20% of Rs.99,27,250/-.
2. Shri M.H. Haneef, learned advocate for the petitioners submitted that respondent initiated proceedings in C.C. No.51624/2013 under Section 138 of Negotiable Instruments Act, (for short ‘the Act’) against petitioners. By common judgment and order dated 1st February 2019, by recording conviction, the learned Trial Judge directed petitioners to pay a compensation of Rs.31,77,690/-.
3. Petitioners challenged the judgment in C.C. No.51624/2013 in Criminal Appeal No. 25050/2019 before the City Civil Court, Bengaluru. The learned LXXIV Additional City Civil and Sessions Judge granted an interim order on 28th February 2019 subject to deposit of 20% of fine amount. However, the learned Sessions Judge has noted the compensation amount as Rs.99,27,250/- which is the cumulative amount in respect of four cases, which were disposed of by the common judgment by the learned Magistrate.
4. Learned advocate for the petitioner urged two grounds. Firstly, that the learned Sessions Judge has incorrectly recorded the fine amount as Rs.99,27,250/- in respect of fine payable in C.C. No.51624/2013. Secondly, that direction to pay 20% of the fine amount while granting interim order is harsh.
5. The facts stated by the learned advocate for the petitioners are not disputed by the learned advocate for the respondent.
6. Learned advocate for the petitioner is right in his submission that the learned Sessions Judge has incorrectly recorded the compensation amount as Rs.99,27,250/-. Admittedly, appeal is filed against judgment in C.C. No.51264/2013. Learned Magistrate has directed to pay compensation of Rs.31,77,690/- in the said case.
7. When computed, 20% of the compensation amount on Rs.31,77,960/- works out to Rs.6,35,538/-. It is to be noted that litigation is of the year 2013 and we are in the year 2019. Admittedly, petitioner has suffered an order of conviction. As on date, six years have elapsed from the date of initiation of criminal proceedings. Therefore, the submission of the learned advocate for petitioner and prayer for reduction of percentage of amount ordered by the learned Sessions Judge is untenable and it is accordingly rejected. However, amount mentioned in the impugned order dated 28.02.2019 requires modification.
8. In the circumstances, this petition merits consideration and deserves to be allowed in part. Hence, the following;
ORDER (i) The order dated 28.02.2019 in CRL.A.No.25050/2019 passed by Principal City Civil and Sessions Judge, Bengaluru, is modified; and (ii) It is directed that petitioner shall deposit 20% of Rs.31,77,690/- in two installments within six weeks from today.
9. Petition is accordingly disposed of.
10. In view of disposal of the petition, I.A.No.1/2019 does not survive for consideration and the same stands disposed of.
No costs.
Sd/- JUDGE AV