IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.1061/2019 C/W CRIMINAL PETITION NOs.1062/2019, 1063/2019, 1064/2019, 1065/2019, 1066/2019, 1068/2019, 1069/2019, 1070/2019, 1071/2019, 1072/2019, 1073/2019, 1074/2019, 1075/2019, 1076/2019, 1077/2019, 1078/2019, 1079/2019, 1080/2019, 1081/2019 IN CRL.P. NO.1061/2019:
BETWEEN:
PRADEEP KUMAR C.N S/O LATE NANJUNDAIAH RESIDING AT NO.90/1-25 10TH CROSS, 2ND MAIN BMK LAYOUT, VITTAL NAGAR BANGALORE – 560 026 PRESENTLY RESIDING AT AGED ABOUT 39 YEARS R/O NO.84, N.H.C.S LAYOUT I G CROSS, WATER TANK ROAD BASAVESHWARANAGAR – 560 079 BANGALORE. ... PETITIONER (BY SRI. MURALIDHAR H.M., ADVOCATE) AND:
GOUTHAM JEWELLERS NO.245/1, R.T. STREET AVENUE ROAD CROSS BANGALORE – 560 053 BY ITS PROPRIETOR MR. GOUTHAM CHAND SON OF LATE MOTILAL. ... RESPONDENT (BY SRI. MELANIE., M/S TOMY SEBASTIAN ASSTS) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ORDER DATED:31.12.2018 ON THE FILE OF THE LXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN CRIMINAL APPEAL NO.922/2016, PERUSE THE SAME, ALLOW THE PETITION.
IN CRL.P. NO.1062/2019: BETWEEN:
PRADEEP KUMAR C.N S/O LATE NANJUNDAIAH AGED ABOUT 31 YEARS RESIDING AT NO.90/1-25 10TH CROSS, 2ND MAIN BMK LAYOUT, VITTAL NAGAR BANGALORE – 560 026 PRESENTALY RESIDING AT AGED ABOUT 39 YEARS R/O NO.84, N.H.C.S.LAYOUT I G CROSS, WATER TANK ROAD BASAVESHWARANAGAR – 560 079 BANGALORE.
... PETITIONER (BY SRI. MURALIDHAR H.M., ADVOCATE) AND:
GOUTHAM JEWELLERS NO.245/1, R.T. STREET AVENUE ROAD CROSS BANGALORE – 560 053 BY ITS PROPRIETOR MR. GOUTHAM CHAND S/O LATE MOTILAL.
... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ORDER DATED:31.12.2018 IN CRL.A.NO.923/2016, PASSED BY THE LXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU.
IN CRL.P. NO.1063/2019: BETWEEN:
PRADEEP KUMAR C.N S/O LATE NANJUNDAIAH RESIDING AT NO.90/1-25 10TH CROSS, 2ND MAIN BMK LAYOUT, VITTAL NAGAR BANGALORE – 560 026 PRESENTLY RESIDING AT AGED ABOUT 39 YEARS, R/O NO 84, N.H.C.S. LAYOUT I G CROSS, WATER TANK ROAD BASAVESHWARANAGAR – 560 079 BANGALORE.
... PETITIONER (BY SRI. MURALIDHAR H.M., ADVOCATE) AND:
GOUTHAM JEWELLERS NO.245/1, R.T. STREET AVENUE ROAD CROSS BANGALORE – 560 053 BY ITS PROPRIETOR MR. GOUTHAM CHAND S/O LATE MOTILAL.
... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ORDER DATED:31.12.2018 IN CRL.A.NO.924/2016 PASSED BY THE LXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU.
IN CRL.P. NO.1064/2019: BETWEEN:
PRADEEP KUMAR C.N S/O LATE NANJUNDAIAH AGED ABOUT 31 YEARS RESIDING AT NO.90/1-25 10TH CROSS, 2ND MAIN BMK LAYOUT, VITTAL NAGAR BANGALORE – 560 026 PRESENTLY RESIDING AT AGED ABOUT 39 YEARS R/O NO 84, N.H.C.S. LAYOUT I G CROSS, WATER TANK ROAD BASAVESHWARANAGAR – 560 079 BANGALORE.
(BY SRI. MURALIDHAR H.M., ADVOCATE) AND:
GOUTHAM JEWELLERS NO.245/1, R.T. STREET AVENUE ROAD CROSS BANGALORE – 560 053 BY ITS PROPRIETOR MR. GOUTHAM CHAND S/O LATE MOTILAL.
... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ORDER DATED:31.12.2018 IN CRL.A.NO.926/2016 PASSED BY THE LXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU.
IN CRL.P. NO.1065/2019: BETWEEN:
PRADEEP KUMAR C.N S/O LATE NANJUNDAIAH AGED ABOUT 31 YRS RESIDING AT NO.90/1-25 10TH CROSS, 2ND MAIN BMK LAYOUT, VITTAL NAGAR BANGALORE – 560 026 PRESENTLY RESIDING AT AGED ABOUT 39 YEARS R/O NO 84, N.H.C.S. LAYOUT I G CROSS, WATER TANK ROAD BASAVESHWARANAGAR BANGALORE – 560 079.
(BY SRI. MURALIDHAR H.M., ADVOCATE) ... PETITIONER AND:
GOUTHAM JEWELLERS NO.245/1, R.T. STREET AVENUE ROAD CROSS BANGALORE – 560 053 BY ITS PROPRIETOR MR. GOUTHAM CHAND S/O LATE MOTILAL.
... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ORDER DATED:31.12.2018 IN CRL.A.NO.927/2016 PASSED BY THE LXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU.
IN CRL.P. NO.1066/2019: BETWEEN:
RAJENDRA PRASAD C.N S/O LATE NANJUNDAIAH RESIDING AT NO.90/1-25 10TH CROSS, 2ND MAIN BMK LAYOUT, VITTAL NAGAR BANGALORE – 560 026 PRESENTLY RESIDING AT AGED ABOUT 40 YEARS R/O NO 84, N.H.C.S. LAYOUT I G CROSS, WATER TANK ROAD BASAVESHWARANAGAR BANGALORE – 560 079.
(BY SRI. MURALIDHAR H.M., ADVOCATE) ... PETITIONER AND:
GOUTHAM JEWELLERS NO.245/1, R.T. STREET AVENUE ROAD CROSS BANGALORE – 560 053 BY ITS PROPRIETOR MR. GOUTHAM CHAND S/O LATE MOTILAL BANGALORE – 560 053.
... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ORDER DATED:31.12.2018 IN CRL.A.NO.929/2016 PASSED BY
(BY SRI. MURALIDHAR H.M., ADVOCATE) AND:
GOUTHAM JEWELLERS NO.245/1, R.T. STREET AVENUE ROAD CROSS BANGALORE – 560 053 BY ITS PROPRIETOR MR. GOUTHAM CHAND S/O LATE MOTILAL.
... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ORDER DATED:31.12.2018 IN CRL.A.NO.1537/2017 PASSED BY THE LXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU.
IN CRL.P. NO.1069/2019: BETWEEN:
PRADEEP KUMAR C.N S/O LATE NANJUNDAIAH RESIDING AT NO.90/1-25 10TH CROSS, 2ND MAIN BMK LAYOUT, VITTAL NAGAR BANGALORE – 560 026 PRESENTLY RESIDING AT AGED ABOUT 39 YEARS R/O NO 84, N.H.C.S. LAYOUT I G CROSS, WATER TANK ROAD BASAVESHWARANAGAR BANGALORE – 560 079.
... PETITIONER (BY SRI. MURALIDHAR H.M., ADVOCATE) AND:
GOUTHAM JEWELLERS NO.245/1, R.T. STREET AVENUE ROAD CROSS BANGALORE – 560 053 BY ITS PROPRIETOR MR. GOUTHAM CHAND S/O LATE MOTILAL.
... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ORDER DATED:31.12.2018 IN CRL.A.NO.1533/2017 PASSED BY THE LXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU.
IN CRL.P. NO.1070/2019: BETWEEN:
PRADEEP KUMAR C.N S/O LATE NANJUNDAIAH AGED ABOUT 31 YRS RESIDING AT NO.90/1-25 10TH CROSS, 2ND MAIN BMK LAYOUT, VITTAL NAGAR BANGALORE – 560 026 PRESENTLY RESIDING AT AGED ABOUT 39 YEARS R/O NO 84, N.H.C.S. LAYOUT I G CROSS, WATER TANK ROAD BASAVESHWARANAGAR BANGALORE – 560 079.
... PETITIONER (BY SRI. MURALIDHAR H.M., ADVOCATE) AND:
GOUTHAM JEWELLERS NO.245/1, R.T. STREET AVENUE ROAD CROSS BANGALORE – 560 053 BY ITS PROPRIETOR MR. GOUTHAM CHAND S/O LATE MOTILAL.
... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ORDER DATED:31.12.2018 IN CRL.A.NO.1534/2017 PASSED BY THE LXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU.
IN CRL.P. NO.1071/2019: BETWEEN:
PRADEEP KUMAR C.N S/O LATE NANJUNDAIAH RESIDING AT NO.90/1-25 10TH CROSS, 2ND MAIN BMK LAYOUT, VITTAL NAGAR BANGALORE – 560 026 PRESENTLY RESIDING AT AGED ABOUT 39 YEARS R/O NO.84, N.H.C.S. LAYOUT I G CROSS, WATER TANK ROAD BASAVESHWARANAGAR – 560 079 BANGALORE.
... PETITIONER (BY SRI. MURALIDHAR H.M., ADVOCATE) AND:
GOUTHAM JEWELLERS NO.245/1, R.T. STREET AVENUE ROAD CROSS BANGALORE – 560 053 BY ITS PROPRIETOR MR. GOUTHAM CHAND S/O LATE MOTILAL.
... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ORDER DATED:31.12.2018 IN CRL.A.NO.1535/2017 PASSED BY THE LXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU.
IN CRL.P. NO.1072/2019: BETWEEN:
PRADEEP KUMAR C.N S/O LATE NANJUNDAIAH RESIDING AT NO.90/1-25 10TH CROSS, 2ND MAIN BMK LAYOUT, VITTAL NAGAR BANGALORE – 560 026 PRESENTLY RESIDING AT AGED ABOUT 39 YEARS R/O NO.84, N.H.C.S. LAYOUT I G CROSS, WATER TANK ROAD BASAVESHWARANAGAR – 560 079 BANGALORE.
(BY SRI. MURALIDHAR H.M., ADVOCATE) AND:
M/S GOUTHAM JEWELLERS NO.245/1, R.T. STREET AVENUE ROAD CROSS BANGALORE – 560 053 BY ITS PROPRIETOR MR. GOUTHAM CHAND S/O LATE MOTILAL.
... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ORDER DATED:31.12.2018 IN CRL.A.NO.1536/2017 PASSED BY THE LXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU.
IN CRL.P. NO.1073/2019: BETWEEN:
PRADEEP KUMAR C.N S/O LATE NANJUNDAIAH RESIDING AT NO.90/1-25 10TH CROSS, 2ND MAIN BMK LAYOUT, VITTAL NAGAR BANGALORE – 560 026 PRESENTLY RESIDING AT AGED ABOUT 39 YEARS R/O NO.84, N.H.C.S. LAYOUT I G CROSS, WATER TANK ROAD BASAVESHWARANAGAR BANGALORE – 560 079.
(BY SRI. MURALIDHAR H.M., ADVOCATE) AND:
GOUTHAM JEWELLERS NO.245/1, R.T. STREET AVENUE ROAD CROSS BANGALORE – 560 053 BY ITS PROPRIETOR MR. GOUTHAM CHAND S/O LATE MOTILAL.
... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ORDER DATED:31.12.2018 IN CRL.A.NO.1537/2017 PASSED BY THE LXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU.
IN CRL.P. NO.1074/2019: BETWEEN:
RAJENDRA PRASAD C.N S/O LATE NANJUNDAIAH RESIDING AT NO.90/1-25 10TH CROSS, 2ND MAIN BMK LAYOUT, VITTAL NAGAR BANGALORE – 560 026 PRESENTLY RESIDING AT AGED ABOUT 40 YEARS R/O NO.84, N.H.C.S. LAYOUT I G CROSS, WATER TANK ROAD BASAVESHWARANAGAR BANGALORE – 560 079.
(BY SRI. MURALIDHAR H.M., ADVOCATE) AND:
GOUTHAM JWELLERS NO.245/1, R.T. STREET AVENUE ROAD CROSS BANGALORE – 560 053 BY ITS PROPRIETOR MR. GOUTHAM CHAND S/O LATE MOTILAL BANGALORE – 560 053.
... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ORDER DATED:31.12.2018 IN CRL.A.NO.1542/2017 PASSED BY THE LXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU.
IN CRL.P. NO.1075/2019: BETWEEN:
RAJENDRA PRASAD C.N S/O LATE NANJUNDAIAH AGED ABOUT 32 YRS RESIDING AT NO.90/1-25 10TH CROSS, 2ND MAIN BMK LAYOUT, VITTAL NAGAR BANGALORE – 560 026 PRESENTLY RESIDING AT AGED ABOUT 40 YEARS R/O NO.84, N.H.C.S. LAYOUT I G CROSS, WATER TANK ROAD BASAVESHWARANAGAR – 560 079 BANGALORE.
(BY SRI. MURALIDHAR H.M., ADVOCATE) ... PETITIONER AND:
GOUTHAM JEWELLERS NO.245/1, R.T. STREET AVENUE ROAD CROSS BANGALORE – 560 053 BY ITS PROPRIETOR MR. GOUTHAM CHAND S/O LATE MOTILAL BANGALORE – 560 053.
... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ORDER DATED:31.12.2018 IN CRL.A.NO.1543/2017 PASSED BY THE LXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU.
IN CRL.P. NO.1076/2019: BETWEEN:
RAJENDRA PRASAD C.N S/O LATE NANJUNDAIAH AGED ABOUT 32 YRS RESIDING AT NO.90/1-25 10TH CROSS, 2ND MAIN BMK LAYOUT, VITTAL NAGAR BANGALORE – 560 026 PRESENTLY RESIDING AT AGED ABOUT 40 YEARS R/O NO.84, N.H.C.S. LAYOUT I G CROSS, WATER TANK ROAD BASAVESHWARANAGAR – 560 079 BANGALORE.
... PETITIONER (BY SRI. MURALIDHAR H.M., ADVOCATE) AND:
GOUTHAM JEWELLERS NO.245/1, R.T. STREET AVENUE ROAD CROSS BANGALORE – 560 053 BY ITS PROPRIETOR MR. GOUTHAM CHAND S/O LATE MOTILAL AGED 56 YEARS BANGALORE – 560 053.
... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ORDER DATED:31.12.2018 IN CRL.A.NO.1544/2017 PASSED BY THE LXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU.
IN CRL.P. NO.1077/2019: BETWEEN:
RAJENDRA PRASAD C.N S/O LATE NANJUNDAIAH AGED ABOUT 32 YRS RESIDING AT NO.90/1-25 10TH CROSS, 2ND MAIN BMK LAYOUT, VITTAL NAGAR BANGALORE – 560 026 PRESENTLY RESIDING AT AGED ABOUT 40 YEARS R/O NO.84, N.H.C.S. LAYOUT I G CROSS, WATER TANK ROAD BASAVESHWARANAGAR BANGALORE – 560 079.
(BY SRI. MURALIDHAR H.M., ADVOCATE) AND:
GOUTHAM JEWELLERS NO.245/1, R.T. STREET AVENUE ROAD CROSS BANGALORE – 560 053 BY ITS PROPRIETOR ... PETITIONER MR. GOUTHAM CHAND S/O LATE MOTILAL BANGALORE – 560 053.
... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ORDER DATED:31.12.2018 IN CRL.A.NO.1545/2017 PASSED BY THE LXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU.
IN CRL.P. NO.1078/2019: BETWEEN:
RAJENDRA PRASAD C.N S/O LATE NANJUNDAIAH RESIDING AT NO.90/1-25 10TH CROSS, 2ND MAIN BMK LAYOUT, VITTAL NAGAR BANGALORE – 560 026 PRESENTLY RESIDING AT AGED ABOUT 40 YEARS R/O NO.84, N.H.C.S. LAYOUT I G CROSS, WATER TANK ROAD BASAVESHWARANAGAR – 560 079 BANGALORE.
(BY SRI. MURALIDHAR H.M., ADVOCATE) AND:
GOUTHAM JEWELLERS NO.245/1, R.T. STREET AVENUE ROAD CROSS BANGALORE – 560 053 BY ITS PROPRIETOR MR. GOUTHAM CHAND S/O LATE MOTILAL BANGALORE – 560 053.
... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ORDER DATED:31.12.2018 IN CRL.A.NO.1546/2017 PASSED BY THE LXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU.
IN CRL.P. NO.1079/2019: BETWEEN:
RAJENDRA PRASAD C.N S/O LATE NANJUNDAIAH RESIDING AT NO.90/1-25 10TH CROSS, 2ND MAIN BMK LAYOUT, VITTAL NAGAR BANGALORE – 560 026 PRESENTLY RESIDING AT AGED ABOUT 40 YEARS R/O NO.84, N.H.C.S. LAYOUT I G CROSS, WATER TANK ROAD BASAVESHWARANAGAR – 560 079 BANGALORE.
(BY SRI. MURALIDHAR H.M., ADVOCATE) AND:
GOUTHAM JEWELLERS NO.245/1, R.T. STREET AVENUE ROAD CROSS BANGALORE – 560 053 BY ITS PROPRIETOR MR. GOUTHAM CHAND S/O LATE MOTILAL BANGALORE – 560 053.
... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ORDER DATED:31.12.2018 IN CRL.A.NO.1547/2017 PASSED BY THE LXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU.
IN CRL.P. NO.1080/2019: BETWEEN:
RAJENDRA PRASAD C.N S/O LATE NANJUNDAIAH AGED ABOUT 32 YRS RESIDING AT NO.90/1-25 10TH CROSS, 2ND MAIN BMK LAYOUT, VITTAL NAGAR BANGALORE – 560 026 PRESENTLY RESIDING AT AGED ABOUT 40 YEARS R/O NO.84, N.H.C.S. LAYOUT I G CROSS, WATER TANK ROAD BASAVESHWARANAGAR BANGALORE – 560 079.
(BY SRI. MURALIDHAR H.M., ADVOCATE) AND:
GOUTHAM JEWELLERS NO.245/1, R.T. STREET AVENUE ROAD CROSS BANGALORE – 560 053 BY ITS PROPRIETOR MR. GOUTHAM CHAND S/O LATE MOTILAL BANGALORE – 560 053.
... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ORDER DATED:31.12.2018 IN CRL.A.NO.1548/2017 PASSED BY THE LXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU.
IN CRL.P. NO.1081/2019: BETWEEN:
RAJENDRA PRASAD C.N S/O LATE NANJUNDAIAH AGED ABOUT 32 YRS RESIDING AT NO.90/1-25 10TH CROSS, 2ND MAIN BMK LAYOUT, VITTAL NAGAR BANGALORE – 560 026 PRESENTLY RESIDING AT AGED ABOUT 40 YEARS R/O NO.84, N.H.C.S. LAYOUT I G CROSS, WATER TANK ROAD BASAVESHWARANAGAR – 560 079 BANGALORE.
(BY SRI. MURALIDHAR H.M., ADVOCATE) AND:
GOUTHAM JEWELLERS NO.245/1, R.T. STREET AVENUE ROAD CROSS BANGALORE – 560 053 BY ITS PROPRIETOR MR. GOUTHAM CHAND S/O LATE MOTILAL BANGALORE – 560 053.
... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ORDER DATED:31.12.2018 IN CRL.A.NO.1549/2017 PASSED BY THE LXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU.
THESE CRIMINAL PETITIONS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Sri Muralidhar H.M., learned Advocate appearing for petitioner.
2. These petitions are filed for setting aside the order passed by learned appellate Judge directing the petitioner to deposit 10% of the fine amount.
3. It is the contention of Sri H.M.Muralidhar, learned Advocate appearing for petitioner that petitioner having been convicted for the offences punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short ‘NI’ Act), appeals came to be filed questioning the judgment and order of sentence and at the time of considering the prayer for suspension of sentence, appellate Court, at the first instance had accepted the surety offered by the appellant-accused and suspended the sentence way back in the year 2016 and the matter having been heard on merits of the appeal for some time, when the proceedings were at the concluding stage, at the behest and instance of the complainant, an application came to be filed under Section 389(1) Cr.P.C., and learned appellate Judge allowed said application and directed appellant herein to deposit 10% of the fine amount, which would not only be onerous on the petitioner but would also take away statutory right of the appellant for prosecuting the appeal and appellant would be driven to an irretrievable situation. Hence, he prays for impugned orders being set aside.
4. A perusal of the case papers would disclose that respondent herein had filed respective complaints under Section 200 Cr.P.C. alleging that petitioner herein had committed an offence punishable under Section 138 of NI Act namely, cheques issued by accused for discharge of the debt was returned ‘unpaid’ and statutory notice issued demanding payment of said amount did not yield any fruitful result and accused did not pay the amount within a period of 15 days from the date of receipt of copy of the notice and as such, had committed an offence punishable under Section 138 of NI Act. Said complaint came to be adjudicated and learned trial Judge, by judgment and order of sentence passed on respective dates, in exercise of the power vested under Section 265 Cr.P.C. convicted the accused for the offences punishable under Section 138 of NI Act and directed the accused to pay fine amount as stipulated thereunder.
5. Being aggrieved by the respective judgments and orders of sentence imposed on the petitioner, appeals came to be filed by appellant before jurisdictional Court. At the time of considering the application – I.A.No.1/2016 for suspension of sentence filed by accused, learned appellate Judge allowed the said application conditionally by directing appellant – accused to be released on bail on executing personal bond for the fine amount and also furnishing surety for the likesum. This order has been complied and there is no dispute.
6. However, application under Section 389 Cr.P.C. came to be filed by the complainant in the said appeals seeking a direction to the appellant – accused to pay or deposit the fine amount. It is in this background, learned appellate Judge has directed accused – appellant to deposit 10% of the fine amount to continue the order of suspension of sentence till further orders.
7. Hon’ble Apex Court in the case of DILIP S DAHANUKAR vs. KOTAK MAHINDRA CO.LTD & ANOTHER reported in (2007)6 SCC 528 which has also been relied upon by learned Advocate appearing for petitioner has held that Section 357(2) Cr.P.C. would be attracted where appellant – accused has been directed to pay compensation under Section 357(3) Cr.P.C.
8. In the instant case, judgment and order of sentence passed by the learned trial Judge would disclose that fine amount has been imposed and a portion of the fine amount that may be collected has been ordered to be paid to the complainant as compensation and the balance has been ordered to be appropriated to the Exchequer.
9. Hon’ble Apex Court in the case of KOTAK MAHINDRA’s case referred to supra, has also observed that it would be open to the appellate Court to stay the direction for payment of compensation which would necessarily mean that conditions may be imposed and part of the compensation ordered may be directed to be deposited. But, such order for deposit should be a reasonable amount. Thus, as to what is reasonable or otherwise, would all depend on facts and circumstances obtained in each case. It is subjective satisfaction on objective assessment, learned Judge will arrive at a conclusion as to what is the percentage of compensation amount to be deposited.
10. Keeping these aspects in mind, learned appellate Judge while adjudicating the respective appeals, has directed the appellant to deposit 10% of the compensation (fine amount). Said order cannot be held as either onerous or unreasonable condition imposed on the appellant – accused. In that view of the matter, this Court finds there is no good ground to entertain these petitions. Accordingly, they are rejected.
Petitioner would be at liberty to seek such remedy as may be available to him before the trial Court.
SD/-
JUDGE *sp