The High Court dismissed a criminal petition filed to quash an interim order sentencing an accused in a cheque bounce case. The court found no procedural lapse or error warranting interference.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2022 BEFORE
THE HON’BLE MR. JUSTICE M.I.ARUN
CRIMINAL PETITION NO.3200 OF 2019
BETWEEN:
M/S. SUMUKHA LABELS NO.40, I FLOOR BIKASIPURA MAIN ROAD J.C. INDUSTRIAL AREAS YELACHENAHALLI, OPP. KANAKAPURA ROAD NEAR DELHI PUBLIC SCHOOL BANGALORE - 560 062 REP. BY ITS PARTNER MR. BALAJI K.S. MR. BALAJI K.S. S/O. MR. K.M. SREERAMULU NAIDU AGED ABOUT 39 YEARS R/AT FLAT NO.TF-3, SUMUKHA PLATINUM NAGANNA LAYOUT, UTTARAHALLI BANGALORE -560 061.
... PETITIONER
(BY SRI B.V. MANJUNATHAGOWDA, ADVOCATE FOR SRI KESHAVA MURTHY B., ADVOCATE)
AND:
MR. K.C. SATHYA NARAYANA REDDY S/O. MR. K.C.M. REDDY AGED ABOUT 47 YEARS R/AT NO.216, 5TH CROSS GPR ROYAL LAYOUT, HOSUR ROAD BANGALORE - 560 100.
... RESPONDENT
(BY SMT. KAVITHA R. REDDY, ADVOCATE FOR SRI K. VARAPRASAD, ADVOCATE)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ORDER DATED 20.03.2019 PASSED BY THE LXI ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BANGALORE, IN CRL.A. NO.645/2019, IN SO FAR AS IMPOSING OF CONDITION TO PAY ENTIRE FINE AMOUNT AND ALLOW THE PETITION AND ETC.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
The present petition is filed challenging the interim order dated 20.03.2019 passed by LXI Additional City Civil and Sessions Judge, Bengaluru in Crl.A.No.645/2019 filed by the appellants therein.
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Court stayed operation and execution of the judgment of conviction and sentence passed by the trial court in CC No.15270/2017 subject to deposit of full fine amount imposed within 30 days from the date of the order of the First Appellate Court. Aggrieved by the same, the appellants therein has preferred this petition.
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petitioner herein in urging all the grounds available for him in the First Appellate Court and the First Appellate Court shall decide the case based on merits after examining all
the relevant records in accordance with law.
SD/JUDGE
hkh.
2 issues framed by the court
Whether to interfere with the First Appellate Court order staying the sentence pending appeal in a cheque bounce case subject to full deposit.
Whether the First Appellate Court erred in directing the petitioner to deposit the entire fine amount.
2 provisions across 2 enactments
M/S. SUMUKHA LABELS NO.40
MR. K.C. SATHYA NARAYANA REDDY
M.I. ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
