IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2019 BEFORE:
THE HON'BLE MR. JUSTICE P.B. BAJANTHRI CRIMINAL PETITION NO.7007 OF 2019 BETWEEN:
D.S. SURESH KUMAR, AGED 48 YEARS, S/O. SHIVANNA DODDAGOWDA, R/A C/O. S.M. MONNAPPA, COORG INTERNATIONAL HOTEL BACK SIDE, NEAR CONVENT JUNCTION, MADIKERI-571 201.
KODAGU DISTRICT. ... PETITIONER [BY SRI. N. RAVINDRANATH KAMATH, ADVOCATE] AND:
SRI. SHIVAKUMAR B.M., S/O. MADEGOWDA, AGED 42 YEARS, R/AT C/O. P.PUTTANNA GOWDA, NEAR LIC, HOSA BADAVANE, MADIKERI-571 201, KODAGU DISTRICT. ... RESPONDENT * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO MODIFY THE ORDER OF THE PRL. DISTRICT AND SESSIOINS JUDGE, MADIKERI, KODAGU DATED 13.09.2019 IN CRL.A. NO.38/2019 BY SETTING ASIDE PORTION OF THE SAID ORDER TO THE EXTENT OF DIRECTING THE PETITIONER TO DEPOSIT 50% OF THE FINE AMOUNT IN TWO WEEKS AND ALLOW THIS PETITION.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER In the instant petition, the petitioner has sought for the following reliefs:
“a) Modify the order of Hon’ble Prl. District and Sessions Judge, Madikeri, Kodagu dated 13.09.2019 in Crl.A. No.38/2019 by setting aside portion of the said order to the extent of directing petitioner to deposit 50% of the fine amount in two weeks and allow this petition in the ends of Justice.
b) Grant such other and further reliefs as this Hon’ble Court deems fit and proper in the facts and circumstances of the case, in the interest of justice and equity.”
2. The learned counsel for the petitioner vehemently contended that under Section 148 of the Negotiable Instruments Act minimum percentage of fine to be deposited is 20% whereas, in the appeal the Court below while suspending the sentence imposed the condition to deposit 50% of the fine amount, which is contrary to the said Act.
3. Section 148 of the Negotiable Instruments Act reads as under:
“148.(1) Nothwithstanding anything contained in the Code of Criminal Procedure, 1973, in an appeal by the drawer against conviction under section 138, the Appellate Court may order the appellant to deposit such sum which shall be a minimum of twenty percent of the fine or compensation awarded by the trial Court:
Provided that the amount payable under this sub-section shall be in addition to any interim compensation paid by the appellant under section 143A.
(2) The amount referred to in sub- section (1) shall be deposited within sixty days from the date of the order, or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the appellant.
(3) The Appellate Court may direct the release of the amount deposited by the appellant to the complainant at any time during the pendency of the appeal:
Provided that if the appellant is acquitted, the Court shall direct the complainant to repay to the appellant the amount so released, with interest at the bank rate as published by the Reserve Bank of India, prevalent at the beginning of the relevant financial year, within sixty days from the date of the order, or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the complainant.”.
4. Having regard to the language employed in the aforesaid provision, it is minimum 20% and there is no fixed percentage of amount of fine to be deposited. Prima facie, no interference can be called for having regard to the discretion exercised by the appellate Court in directing the accused to deposit 50% of the total fine amount while suspending the sentence. The petitioner has not made out any grounds to interfere with the impugned order.
Hence, the petition stands dismissed.
The petitioner is hereby directed to deposit 50% of the total fine amount, within a week from today.
In view of disposal of the main petition, I.A. No.1/2019 filed for stay does not survive for consideration.
SD/- JUDGE Ksm*