IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31st DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.9720/2018 BETWEEN:
SRI. E. BASAVANTHACHAR S/O ESHWARAPPA AGED ABOUT 60 YEARS CARPENTER, D.NO.1951/17 2ND CROSS, BEHIND PUSHPA MAHALINGAPPA RESIDENTIAL SCHOOL SWAMY VIVEKANANDA EXTENSION, NEAR BANNI MAHAKALI TEMPLE, DAVANAGERE & DISTRICT-577 005 ... PETITIONER (BY SRI. GOPALAKRISHNAMURTHY C, ADVOCATE) AND:
DAYANAND.N S/O NAGARAJ SHETTY AGED ABOUT 36 YEARS BUSINESSMEN R/O D.NO.375/1, BEHIND KAIPETE NEAR GAS AGENCY ROAD, DAVANAGERE DISTRICT-577005.
... RESPONDENT (BY SRI. CHANDRASHEKAR P.PATIL, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO MODIFY THE CONDITIONAL ORDER PASSED HEARD ON I.A. PERUSED THE JUDGMENT PASSED BY THE TRIAL COURT I.A. IS ALLOWED AND STAY IS GRANTED SUBJECT TO CONDITION THAT THE APPELLATN HAS DEPOSIT OF 50% OF THE FINE AMOUNT IN THE TRIAL COURT. ISSUE NOTICE ON I.A. TO RESPONDENT IN CRL.A.NO.119/2018 ON I.A.NO.1/2018 BY REDUCING TO 20% PENDING ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, DAVANAGERE AS PER ANNEXURE-A FOR THE ALLEGED OFFENCE P/U/S/ 138 OF THE N.I. ACT.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Sri. Gopalakrishnamurthy C, learned Advocate appearing for petitioner and Sri. Chandrashekar P. Patil, learned Advocate appearing for respondent. Perused the records.
2. Petitioner who is accused in C.C.No.731/2017 being aggrieved by judgment and order of conviction dated 05.11.2018 passed by III Additional Senior Civil Judge & VII Additional MACT, Davanagere, whereunder he has been directed to undergo simple imprisonment for six months and to pay fine amount of `6,05,000/-, has filed an appeal in Crl.A.No.119/2018 and sought for stay of said judgment before the first appellate Court. Learned Appellate Judge having regard to the facts and circumstances of the case, has directed petitioner – appellant to deposit 50% of the fine amount. Though order passed by the learned Appellate Judge would not call for interference in exercise of the power conferred under Section 482 Cr.P.C., having regard to the nature of profession of petitioner namely, carpenter by profession, his financial position as on date calls for certain leniency being extended to petitioner and in substitution of order directing payment or deposit of 50% of fine amount, if petitioner is directed to deposit 25% of the fine amount, it would suffice and meet the ends of justice. Accordingly, by directing petitioner to deposit 25% of the fine amount before first appellate Court including the amount already deposited, if any, this petition stands disposed of.
Respondent would be at liberty to make necessary application for payment or released of amount so deposited by the petitioner. In the event of such application being filed, first Appellate Court would be at liberty to consider the same on merits and in accordance with law.
In view of disposal of this petition, I.A.No.1/2019 for stay does not survive for consideration. Accordingly, it is dismissed.
SD/- JUDGE RU