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.7520 OF 2019 BETWEEN:
KEMPATHIMMAIAH, S/O. KEMPANNA, AGED ABOUT 62 YEARS, RESIDING AT NO.111, 12TH MAIN, M.C. LAYOUT, VIJAYANAGAR, BENGALURU-560 040. ... PETITIONER [BY SRI. HALASHETTI JAGADISH SIDRAMAPPA, ADVOCATE] AND:
H.K. KRISHNAPPA, S/O. KEMPAHALAGAIAH, AGED ABOUT 49 YEARS, RESIDING AT NO.1513/A, 9TH “B” MAIN ROAD, 6TH CROSS, SRINIVASNAGAR, BANASHANKARI, BENGALURU-560 050. ... RESPONDENT * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 20.09.2019 IN CRL. A. NO.1455/2019 PASSED BY THE LVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU WHICH IS MARKED AS ANNEXURE-D TO THE PETITION AND GRANT ANOTHER FOUR WEEKS TIME I.E., TILL 20.11.2019 TO THE PETITIONER TO DEPOSIT THE REMAINING 10% OF FINE AMOUNT BEFORE THE COURT OF XIII ADDL. C.M.M., BENGALURU IN C.C. NO.11282/2015.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner has assailed the Order dated 20.09.2019 passed in Crl.A. No.1455/2019 by the LVI Addl. City Civil and Sessions Judge, Bengaluru, by which the petitioner was directed to deposit 20% of the fine amount including 10% of the fine amount already deposited before the Court of XIII Addl. C.M.M., Bengaluru, in C.C. No.11282/2015.
2. The learned counsel for the petitioner submitted that the petitioner is in custody and he has not complied the directions relating to deposit of 20% of the fine amount. He has got personal inconvenience in not depositing the fine amount.
3. Sufficient grounds for interference with the impugned order dated 20.09.2019 has not been made out. Consequently, no interference is called for in view of the language employed under Section 148 of the Negotiable Instruments Act. However, time to deposit 20% of the fine amount in terms of the Order dated 20.09.2019 is permitted for three more weeks from today.
With the above observation, the petition stands dismissed.
Sd/-
JUDGE Ksm*