IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.475/2019 BETWEEN:
1. THE GLAMOUR INC NO.206, VERACIOURS ENRICA APARTMENT 1ST BLOCK, KORAMANGALA BENGALURU - 560 034 REPRESENTED BY ITS PROPRIETOR REHAN AHMED @ AKBAR.
2. REHAN AHMED @ AKBAR S/O NASEER AHMED, AGED ABOUT 40 YEARS, PROPRIETOR OF THE GLAMOUR INC, R/AT NO.-206, VERONICA ENRICA APARTMENT 1ST BLOCK, KORAMANGLA BENGALURU – 560 034.
(BY SRI. SRINIVASA M.G., ADVOCATE) AND:
MR. PREMKUMAR BURLE FATHER NAME NOT KNOWN AGED 41 YEARS, R/AT UNIT NO.103 2ND FLOOR, LOTUS HEIGHTS 3- & 31 MUNNEKOLALA, NEAR KUNDALAHALLI GATE MARTHAHALLI, ... PETITIONERS BENGALURU – 560 037.
... RESPONDENT (VIDE ORDER DATED 05.02.2019, NOTICE TO RESPONDENT DISPENSED WITH) THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED:21.04.2018 SUBSEQUENTLY MODIFY THE ORDER DATED 06.03.2018, PASSED IN CRIMINAL APPEAL NO.25027/2018 BY THE HON'BLE XIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH-22) BENGALURU CITY, SO FAR AS IMPOSING THE CONDITION THAT "THE PETITIONER SHALL DEPOSIT 25% OF THE COMPENSATION AMOUNT BEFORE THE TRAIL COURT WITHIN ONE MONTH FROM THIS ORDER".
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Sri. Srinivasa M.G, learned Advocate appearing for petitioners. Notice to respondent stands dispensed with since respondent is yet to be served in Crl.A.No.25027/2018, which appeal has been preferred by petitioners being aggrieved by judgment and order of sentence dated 09.02.2018 passed in C.C.No.53564/2015 by convicting the petitioners for offence punishable under Section 138 of Negotiable Instruments Act, 1881 (for short ‘Act’) and sentenced him to pay fine amount of ` 5,000/- with default sentence of 3 months of simple imprisonment and has directed petitioners to pay ` 9,35,000/- to respondent- complainant.
2. Learned Appellate Judge while considering the prayer for suspension of sentence, had conditionally suspended the sentence, subject to appellant-accused depositing 25% of the compensation amount which trial Court had ordered to be paid to the complainant i.e., a sum of Rs.9,35,000/- and also on the condition of executing a personal bond for Rs.50,000/- for the likesum with one surety to the satisfaction of trial Court within one month from the date of order i.e., 06.03.2018. On account of appellant not being able to comply with said order, an application under Section 389(1) Cr.P.C was filed seeking extension of time, which came to be allowed by the lower Appellate Court by order dated 06.04.2018. It is thereafter appellant has remained absent and not complied with the order passed by the lower Appellate Court on 06.03.2018 and as such, order dated 06.03.2018 was cancelled. Now matter stands posted to 12.02.2019.
3. Sri. Srinivas M.G, learned Advocate appearing for petitioners submits that petitioner is ready to deposit 25% of the amount ordered i.e., a sum of Rs. 2,35,000/- and he has made available the Demand Drafts dated 02.02.2019 issued by HDFC Bank dated 02.02.2019 bearing No.005508 drawn in favour of 57th Additional Chief Metropolitan Magistrate, Bangalore in C.C.No.53564/2015 for perusal of this court and submits that he may be permitted to deposit the same before trial Court. Accepting the reasons assigned for delay in depositing amount and now petitioners are ready to deposit the amount prayer sought for in the petition deserves to be granted.
Hence, I proceed to pass the following;
ORDER (1) Criminal petition is hereby allowed.
(2) Order dated 21.04.2018 passed in Criminal Appeal No.25027/2018 passed by XIII ACC & SJ, is hereby set aside and order dated 06.03.2018 is restored.
(3) Petitioner is permitted to deposit a sum of Rs.2,35,000/- by way Demand Draft before 57th Additional Chief Metropolitan Magistrate, Bangalore by placing the undertaking of Sri. M.G. Srinivasa, learned Advocate appearing for petitioner that petitioner would appear before trial Court by next date of hearing.
(4) Learned Appellate Judge is directed to proceed to adjudicate the appeal on merits in the light of aforestated order.
SD/- JUDGE Sp/RU