IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL 2019 BEFORE THE HON' BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION No.2007 OF 2019 BETWEEN:
Smt. Lakshmamma, Wife of Chenna Renukaiah, Aged about 41 years, Occ: Business, Residing at No.5, Danvantri House, Huliyuramma Temple Road, Hosakerehalli, Bengaluru-560 085.
(By Sri.M.R.Hirematad, Advocate) AND:
Mr.Srinivasa Gowda, Son of late Mariyappa, Aged about 62 years, No.364, Manjunatha Temple Road, 2nd Main, SBM Colony, Banashankari 1st Phase, Bengaluru-560 050.
…Petitioner …Respondent This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to modify the order dated 02.01.2019 produced at Annexure-D passed in Crl.A.No.2/2019 by the LVI Additional City Civil and Sessions Judge, Bengaluru.
This Criminal Petition coming on for Admission this day, the Court made the following:
ORDER Heard Sri.M.R.Hirematad, learned counsel appearing for petitioner.
2. The only prayer sought for in the present petition is for modification of the order dated 02.01.2019 passed in Crl.A.No.2/2019 by LVI Additional City and Sessions Judge, Bengaluru.
3. Petitioner was arraigned as an accused in CC.No.13638/2017, which proceedings were initiated for the alleged offence punishable under Section 138 of Negotiable Instruments Act, 1881 and after trial, petitioner came to be convicted and sentenced to pay fine of Rs.5,02,000/- and in default to undergo simple imprisonment for two months.
4. Being aggrieved by said order petitioner filed an appeal in Crl.A.No.2/2019 along with IA.No.1 for suspension of sentence. Learned Appellate Judge by impugned order dated 02.01.2019 allowed the application and ordered for suspension of sentence passed by XII ACMM, Bengaluru in C.C.No.13638/2017 dated 01.12.2018 subject to petitioner depositing 20% of the total fine amount within a period of two months from the date of order. However, petitioner was unable to mobilize funds and as such, he is before this Court for modification of said order.
5. However, today a memo is filed by the learned counsel for the petitioner stating thereunder that petitioner has purchased Demand Draft for 20% of the total fine amount as ordered by the learned Appellate Judge and would deposit the same. In that view of the matter, it would suffice if permission is granted to the petitioner to deposit 20% of the fine amount as ordered on 02.01.2019 by extending time to deposit on or before 30.04.2019. Accordingly, petition stands allowed.
Hence order dated 02.01.2019 is hereby modified and petitioner is permitted to deposit the amount without waiting for certified copy of the order being issued on or before 30.04.2019.
SD/- JUDGE SB