Allowed

Mr T H Krishnadas v. M/S Form Space Reality LLP

Karnataka HC9 Jan 2024CRL.P/13641/2023

Case brief

AI extract

What is this about?

Petitioner convicted in a cheque dishonour case sought extension of time to deposit interim compensation ordered under Section 148 NI Act pending appeal. The High Court set aside the appellate court's rejection and granted one further week to deposit, failing which recovery as fine was permitted.

What did the court decide?

Order rejecting extension application set aside; one week granted to deposit interim compensation, failing which recoverable under S.421/431 Cr.P.C.

Mr T H Krishnadas Vs M/S Form Space Reality LLP — Cheque Dishonour | Karnataka HC (2024)

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1 - NC: 2024:KHC:1041 CRL.P No. 13641 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 13641 OF 2023

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BETWEEN:

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

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…PETITIONER (BY SRI. GIRISH, ADVOCATE FOR SRI. KAPIL DEV C. ULLAL, ADVOCATE)

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AND:

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Digitally signed by VEDAVATHI A K Location: High Court of Karnataka

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M/S FORM SPACE REALITY LLP REPRESENTED BY ITS DESIGNATED PARTNER, MR. HEMANSHU M SHAH, HAVING OFFICE AT NO.51, 2^ND MAIN ROAD, SHESHADRIPURAM, BENGALURU - 560 008.

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…RESPONDENT (NOTICE TO RESPONDENT DISPENSED WITH)

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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 COURT OF THE LXIV ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU AND THE EXECUTION AND OPERATION OF IMPUGNED JUDGMENT ON THE CRIMINAL APPEAL NO.836/2023, PENDING BEFORE THE HONBLE LXIV ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU.

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NC: 2024:KHC:1041 CRL.P No. 13641 of 2023

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

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ORDER

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Issuing notice to the respondent is dispensed with.

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Heard the arguments of learned counsel for the

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petitioner.

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This petition is filed under Section 482 of Cr.P.C., for quashing the order dated 06.10.2023 for having rejecting the application for extension of time to deposit the interim compensation, as ordered by First Appellate Court under Section 148 of Negotiable Instruments Act.1881, in Crl.A.No.836/2023, pending on the file of LXIV Addl. City Civil and Sessions Judge, Bengaluru.

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Having heard the arguments and perused the records which reveals ofcourse, the petitioner was convicted and sentence to undergo imprisonment and pay fine as per the judgment of Magistrate in C.C.No.5725/2019. Being aggrieved by the conviction and sentence, the petitioner approached the Sessions Judge in Crl.A.No.836/2023, while suspending the sentence, the First Appellate Court ordered on 05.07.2023 to deposit 20% of the fine amount as compensation. However,

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3 - NC: 2024:KHC:1041 CRL.P No. 13641 of 2023

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the petitioner not complied the order within 3 months, as ordered by this court. However, the petitioner counsel filed the application on 06.10.2023 for extension of another 30 days for complying the order which was rejected by the First Appellate Court.

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As per the provision of 148 of NI Act, 60 days provided for depositing the interim compensation. However, 30 days can be extended if sufficient cause is shown. The petitioner if not deposited the amount within 90 days, therefore, the First appellate court has no power to extend any further time, beyond 90 days. Therefore, the First Appellate court rightly rejected the application or memo filed by the petitioner for extension of time. However, the learned counsel for the petitioner submits the petitioner is ready to deposit the amount if some time is extended. Ofcourse the petitioner sought 30 days from 6.10.2023, now already more than 3 months lapsed. Therefore, if some more time is extended it will meet the ends of justice. Even otherwise this amount is recoverable as fine under Section 431 read with 421 of Cr.P.C. Such being the case, the petition deserves to be allowed.

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NC: 2024:KHC:1041 CRL.P No. 13641 of 2023

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Accordingly, this petition is allowed .

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The order of the First Appellate Court rejecting the

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application or extension of time, is hereby set aside. One week time is extended from the date of receipt of the copy of this order, failing which the respondents are permitted to recover the same, as per section 421 read with 431 of Cr.P.C.

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Sd/JUDGE

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

Mr T H Krishnadas v. M/S Form Space Reality LLP

Case brief

What is this about?

What did the court decide?

Mr T H Krishnadas v. M/S Form Space Reality LLP

Case brief

What is this about?

What did the court decide?

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