Sailesh Kumar Vs M/S Grs Enterprises — Cheque Dishonour | Karnataka HC (2025)

Sailesh Kumar Vs M/S Grs Enterprises — Cheque Dishonour | Karnataka HC (2025)

NC: 2025:KHC:41429 CRL.P No. 14089 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF OCTOBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14089 OF 2025

BETWEEN:

SAILESH KUMAR S/O N. SREERAMALU AGED ABOUT 50 YEARS EX-DIRECTOR OF FORTUNA URBANSPACE PVT. LTD. R/AT WIND FLOWER, NO.390, NEW NO.7, 13^TH CROSS, SADASHIVANAGARA - 560 080.

Digitally signed by LAKSHMI T Location: High Court of Karnataka

ALSO AT: NO.12, LALITHA MANOR 2^ND AND 3^RD FLOOR, 14^TH CROSS, AECS LAYOUT, SANJAY NAGAR, BANGALORE - 560 042.

(BY SRI. ANUSHA PRASAD, ADVOCATE)

…PETITIONER

AND:

M/S GRS ENTERPRISES A PROPRIETORSHIP CONCERN, REPREENTED BY ITS PROPRIETOR NARAYANAPPA, S/O C JAWARAPPA, AGED ABOUT 55 YEARS, R/A NO.2/1, 3^RD FLOOR, BAKINAVAB STREET,

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NC: 2025:KHC:41429 CRL.P No. 14089 of 2025

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SP ROAD CROSS, BANGALORE - 560 002.

…RESPONDENT

THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE IMPUGNED ORDER DATED 22.09.2025 PASSED BY THE LXIV ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN CRL.A.NO.872/2025 AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

ORAL ORDER

Petitioner has sought for extension of time to deposit 20% of the fine amount before the appellate Court.

Petitioner was convicted by the trial Court in C.C.No.27584/2019 by judgment dated 16.04.2025 for the offence punishable under Section 138 of Negotiable Instruments Act. He was sentenced to a fine of Rs.45,93,210/(which includes cheque amount of

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Rs.40,58,210/-, additional compensation of Rs.5,00,000/and litigation expenses of Rs.30,000/- and fine amount of Rs.5,000/- payable to the government). Challenging the said judgment and order of conviction and sentence passed by the trial Court, he preferred an appeal before the Sessions Court in Crl.A.No.872/2025. The learned Judge was pleased to suspend the sentence imposed by the trial Court on a condition that the petitioner shall deposit 20% of the fine amount. The said order was passed on 20.06.2025, stipulating that the amount shall be paid within 60 days. Time to deposit was further extended and he was called upon to deposit the fine amount on or before the next date of hearing i.e., on 22.09.2025. He filed an application seeking further time, which has been dismissed vide impugned order dated 22.09.2025, on the ground that 90 days duration to deposit the fine amount has already been granted and the Court has no power to extend the time and there are no valid grounds to consider the request.

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The learned counsel submitted that the fine

amount is huge and the petitioner is no more the Director of accused No. 1-Company. He submitted that by taking a lenient view, further time of 30 days may be granted to deposit the amount, otherwise the petitioner will be put to great hardship.

The appeal preferred by the petitioner is

pending before the Sessions Court. As the petitioner has undertaken to deposit 20% of the fine amount, this Court is of the view that, to meet the ends of justice, a reasonable time may be granted to the petitioner to deposit the fine amount as ordered by the appellate Court. Hence, three weeks time from today is granted to the petitioner to deposit 20% of the fine amount as ordered by the Appellate Court vide order dated 20.06.2025.

The impugned order passed by the Appellate

Court, vacating the stay granted on 26.02.2025 is set aside, subject to the petitioner depositing the amount as

NC: 2025:KHC:41429 CRL.P No. 14089 of 2025

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directed within a period of 21 days from today which

would expire on 07.11.2025.

Petition is disposed of .

I.A.No.1/2025 is disposed of.

Sd/(MOHAMMAD NAWAZ) JUDGE

PSJ CT-SG List No.: 1 Sl No.: 13