IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY, 2019 BEFORE:
THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION NO.7976 OF 2018 Between:
Smt. Nirmala.R, Aged about 50 years, W/o. Sri. Venkatesh Murthy, R/o. No.NA-758, BEL Colony, Nagaland Circle, Bengaluru-560 013. …Petitioner (By Sri Ramesh P.Kulkarni, Advocate) And:
Sri. Rangaswamy, Aged about 49 years, S/o. Sri. Rajalingam, R/a No.5, 3rd Main, 4th Cross, Mohankumarnagar, Yeshwantpur, Bengaluru-560 022. …Respondent (Respondent served but unrepresented) ***** This Criminal Petition is filed under Section 482 of Cr.P.C praying to set aside the order dated 23.08.2018 in C.C.No.17221/2018 on the file of the XII A.C.M.M., Bengaluru.
This Criminal Petition coming on for Admission this day, the court made the following:
ORDER Petitioner is calling in question order dated 23.08.2018 passed by the learned Magistrate directing her to deposit 20% of the dishonoured cheque amount alleged to have been issued by her in respect of which respondent/complainant has initiated proceedings under Section 138 of the Negotiable Instruments Act (hereinafter referred to as ‘the Act’ for brevity).
2. Learned advocate for the petitioner contended that power to direct deposit of a portion of cheque amount is discretionary. Keeping in view the fact that accused/petitioner is a lady, he ought not to have ordered deposit of 20% of the cheque amount.
3. It is not in dispute that the cheque alleged to have been issued by the petitioner has been dishonoured. In the circumstances, no exception can be taken to the order passed by the learned Magistrate in exercising his discretion in directing the petitioner to deposit the cheque amount. Hence, no grounds made out to interfere in exercise of power under section 482 of Cr.P.C.
4. The petition fails and it is accordingly dismissed.
At this stage, learned Advocate for the petitioner submits that the petitioner may be directed to deposit the amount in a bank so that it will earn interest.
The request is reasonable. In the circumstances, the petitioner is directed to deposit the amount of Rs.1,00,000/- (Rupees One Lakh only) in the name of the Registrar General of this Court, within four weeks, who shall place the said amount in fixed deposit in any nationalized bank for a period of one year with automatic renewable clause. The disbursement of the amount shall be governed by the final order of the Trial Court.
Petition dismissed. No costs.
Sd/-
JUDGE rs