IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH 2019 BEFORE THE HON'BLE MR. JUSTICE ARAVIND KUMAR WRIT PETITION NO.10300 OF 2019 Between:
Sri Darpan Poojary Aged about 32 years, Proprietor and authorized signatory, M/s. Sri Matha Finance & Investments, No.192 (A.4) Mookambika Complex, Malpe Cross Road, Ashrivad, Santhekatte, Udupi – 576 105. ... Petitioner (By Sri Ajay Prabhu M, Advocate for Sri Sachin B.S., Advocate) And:
M/s. Bhima Jewellers A registered Partnership Firm, Having its head office at No.122/C, 8th Main, 3rd Block, Jayanagar, Bengaluru – 560 011.
Represented by their GPA holder Sripathi Bhat, Aged about 58 years, S/o. A. Narayana Bhat, R/at No.61, Varasham, Udayanagar, 1st Cross, Uttarahalli Main Road, Chikkasandra, Bengaluru – 560 061. ... Respondent This Writ Petition is filed under Article 226 of Constitution of India read with Section 482 of Cr.P.C praying to quash the impugned order dated 01.01.2019 in Criminal Appeal No.1 of 2019 on the file of the District and Sessions Judge, Udupi to the extent of imposing condition to the petitioner to deposit a sum of Rs.1,50,000/- within 30 days from the date of the order as per Annexure-A.
This Writ Petition coming for Preliminary Hearing on this day, the Court made the following:
O R D E R Petitioner, who was an accused in C.C.No.2557/2015 has suffered an order of conviction by judgment dated 01.12.2018 whereunder, learned trial Judge after full fledged trial has held petitioner/accused is guilty of the offence punishable under Section 138 of Negotiable Instrument Act and has sentenced him to pay a sum of Rs.8,79,000/- as fine with a default sentence of Simple Imprisonment for a period of six months.
2. Being aggrieved by same, appeal is said to have been filed by accused in Criminal Appeal No.1/2019 and an interlocutory application for suspension of sentence came to be filed along with appeal. Learned Appellate Judge, by a considered order has suspended the sentence subject to appellant depositing an amount of Rs.1,50,000/-, which is not even 25% of the cheque amount. Even this amount which was ordered to be deposited for suspension of sentence was not deposited and an application filed for extension by accused-appellant was also allowed by order dated 01.02.2019. However, not being satisfied with the same, petitioner has preferred this petition contending that the order of sentence should be suspended without any condition or alternatively, some reasonable time be granted to deposit the amount ordered.
3. None of the contentions appeals to logic.
This Court finds that when the olive branch has been extended by appellate Court by directing petitioner/accused to deposit a sum of Rs.1,50,000/- as against fine amount of Rs.8,79,000/-, it cannot be gainsaid by petitioner that the said order of appellate Court being either oppressive or harsh.
No grounds, writ petition stands rejected.
Sd/- JUDGE PYR