IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION NO.2410 OF 2019 BETWEEN:
SHRI C.ARASEGOWDA, S/O. LATE SHRI CHIKKA ARASEGOWDA, AGED ABOUT 68 YEARS, R/AT NO.414, 7TH CROSS, 5TH ‘B’ CROSS, R.P.C. LAYOUT, VIJAYANAGAR, BENGALURU – 560 040. …PETITIONER (BY SHRI SOMASHEKARA K.M., ADVOCATE) AND:
SHRI SHIVARAMAIAH, S/O. LATE SHRI SIDDAIAH @ KARIYAYYA, AGED ABOUT 70 YEARS, R/O. MULAKATTE VILLAGE, KASABA HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT – 571 432. …RESPONDENT (BY SHRI K.ABHINAV ANAND, ADVOCATE) THIS CRIMANAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 23.02.2019 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, NAGAMANAGALA, MANDYA, IN C.C.NO.412/2015 CONSEQUENTLY DISMISS THE APPLICATION FILED UNDER SECTION 143(A) OF N.I. ACT.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Shri Somashekara K.M., learned advocate for the petitioner placing reliance on the order dated 04.04.2019 in the case of M/s.Ginni Garments and another Vs. M/s. Sethi Garments Gold Field Shiksha Sanstha and another and connected cases in CRR No.9872/2018 (O & M) passed by High Court of Punjab and Haryana at Chandigarh, prays for modifying the order dated 23.02.2019, by reducing the deposit of cheque amount to 15% instead of 20% as directed by the learned Magistrate and to grant four weeks time to deposit the said cheque amount.
2. Shri K. Abhinav Anand, learned advocate for respondent submitted that deposit of cheque amount may be reduced to 15% and since the impugned order has been passed on 23.02.2019, petitioner may be granted ten days time to deposit the cheque amount.
3. Keeping in view the facts and circumstances of the case, the order dated 23.02.2019 stands modified with a direction to the petitioner to deposit 15% of the cheque amount within three weeks from today.
Learned trial Judge shall deposit the said amount in any Nationalized bank.
Petition is accordingly disposed of.
In view of disposal of this petition, I.A. No.1/19 does not survive of consideration and the same is also disposed of.
No costs.
Sd/- JUDGE HJ