Allowed

Mr T H Krishnadas v. M/S Urban Heihgts Sarjapur

Karnataka HC11 Jan 2024CRL.P/12888/2023

Case brief

AI extract

What is this about?

Convicted in a Section 138 NI Act case and granted suspended sentence on condition of depositing 20% interim compensation, the petitioner's application for a 30-day extension was rejected by the appellate court. The High Court upheld that rejection but, as special consideration, allowed one week's time to deposit.

What did the court decide?

One week's time granted from receipt of order copy to deposit the interim compensation amount.

Mr T H Krishnadas Vs M/S Urban Heihgts Sarjapur — Cheque Dishonour | Karnataka HC (2024)

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1 - NC: 2024:KHC:1536 CRL.P No. 12888 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 12888 OF 2023

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BETWEEN:

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MR. T H KRISHNA DAS PROPRIETOR, AGED ABOUT 35 YEARS, M/S BERRYZ FASHION HOUSE, NO.3347/A, 3^RD FLOOR, 13^TH MAIN, HAL 2^ND STAGE, INDIRANAGARA, BENGALURU - 560 008.

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…PETITIONER

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(BY SRI. KAPIL DEV C ULLAL, ADVOCATE) AND:

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Digitally signed by BHAVANI BAI G Location: High Court of Karnataka

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M/S URBAN HEIGHTS SARJAPUR REPRESENTED BY ITS PARTNER, MR. HEMANSHU M SHAH, HAVING OFFICE AT NO.51, 2^ND MAIN ROAD, SHESHADRIPURAM, BENGALURU - 560 008. (NOTICE TO RESPONDENT IS DISPENSED WITH)

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…RESPONDENT (NOTICE TO RESPONDENT IS DISPENSED WITH) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 06.10.2023 PASSED BY THE HONBLE LXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU IN CRL.A.NO.837/2023 PENDING BEFORE THE HONBLE LXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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NC: 2024:KHC:1536 CRL.P No. 12888 of 2023

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ORDER

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Looking to the facts and circumstances of the case, issuance of notice to respondent is dispensed with.

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This petition is filed by the petitioner-accused under Section 482 of Cr.P.C. for quashing the order dated 06.10.2023 for rejection of extension of time for depositing the interim compensation ordered by the First Appellate Court in Crl.A.No.837/2023.

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Heard the learned counsel for the petitioner.

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The case of the petitioner is that the petitioner is facing trial under Section 138 of the Negotiable Instruments Act, 1881 (for short 'N.I. Act') has been found guilty and convicted by the Magistrate in C.C.No.5726/2019. Being aggrieved by the same, the petitioner filed an appeal under Section 374 of Cr.P.C. Along with the appeal, he has moved application under Section 389 of Cr.P.C. for suspending the sentence. The First Appellate Court vide order dated 05.07.2023 suspended the sentence subject to the condition that he shall deposit 20% of the fine amount within 60 days. The learned counsel for the petitioner has not deposited the

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NC: 2024:KHC:1536 CRL.P No. 12888 of 2023

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amount but moved an application on 06.10.2023 for extension of further 30 days time for depositing the amount which came to be rejected.

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Having heard the arguments and on perusal of the records, which reveals, of course, the Sessions Judge has rightly rejected the application as per the proviso under Section 148 of N.I. Act. 60 days provided for depositing the fine amount ordered by the First Appellate Court and 30 days can be extended by showing any sufficient cause by the appellant accused. Therefore, the First Appellate Court has rightly rejected the application. However, the amount of interim compensation ordered by the Court is recoverable under Sections 421 and 431 of Cr.P.C.

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Such being the case, I am of the view, in the connected matter, the petitioner has been granted one week time for depositing the amount and this Court is also of the opinion that one more opportunity could be given as a special consideration by giving week's time for depositing the amount by the petitioner.

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4 - NC: 2024:KHC:1536 CRL.P No. 12888 of 2023

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Accordingly, the petition is allowed . The

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application/memo filed by the petitioner for extension of time is allowed.

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One week time is granted for depositing the amount

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from the date of receipt of the copy of this order.

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Sd/JUDGE

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GBB List No.: 1 Sl No.: 33 CT:SK

Mr T H Krishnadas v. M/S Urban Heihgts Sarjapur

Case brief

What is this about?

What did the court decide?

Mr T H Krishnadas v. M/S Urban Heihgts Sarjapur

Case brief

What is this about?

What did the court decide?

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