IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.4070 OF 2019 BETWEEN:
MR. J. GAYASUDDIN S/O LATE MOHAMMED JAMALUDDIN AGED ABOUT 50 YEARS PROPRIETOR M/S G.J. PROJECTS HAVING OFFICE AT NO.81/A 2ND FLOOR, 32ND CROSS 2ND BLOCK, RAJAJINAGAR BENGALURU-560 052 … PETITIONER (BY SHRI. V.S. RAVINDRA, ADVOCATE) AND:
SMT. M.G. RAJESHWARI W/O ANIL KUMAR AGED ABOUT 30 YEARS RESIDING AT FLAT NO.409 4TH FLOOR, DS MAX SANVIL APARTMENTS BALAJI LAYOUT, MALLATHAHALLI BENGALURU-560 056 ... RESPONDENT (BY SMT. K.T. ARASI FOR SHRI. K. VIJAY KUMAR, ADVOCATES) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO SET ASIDE THE IMPUGNED ORDER PASSED BY THE LEARNED XL ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN CRL.RP NO.253/2019 DATED 26.03.2019 AND SET ASIDE THE ORDER OF THE LEARNED XXX A.C.M.M., IN C.C.NO.5795/2018, DATED 23.02.2019.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner is accused in proceedings initiated by the respondent under Section 138 of the Negotiable Instruments Act pursuant to dishonour of his cheque for a sum of Rs.25,00,000/-.
2. During the course of proceedings, learned Magistrate has passed order on 23.02.2019 directing the petitioner to deposit 20% of the cheque amount under Section 143(A)(i)(a) of the Negotiable Instruments Act, 1881. Feeling aggrieved by the same, petitioner has unsuccessfully challenged the said order before the learned LX Addl. City Civil and Sessions Judge, Bengaluru (CCH-61) in Criminal Revision Petition No.253/2019. Hence, this petition.
3. In similar circumstances, the Hon’ble Supreme Court of India, in the case of G.J.RAJA v/s.TEJRAJ SURANA (Petition for Special Leave to Appeal (Crl.) No.3342/2019), has directed the petitioner therein to deposit 15% of the cheque amount with a further direction to invest the amount in a fixed deposit initially for a period of three months.
4. Following the said order, this Petition is allowed-in- part directing the petitioner to deposit 15% of the cheque amount with a further direction to the learned trial Judge to invest the same in fixed deposit within a period of two weeks from today.
Sd/- JUDGE bnv