Sri Narasimhamurthy Vs Munikrishnappa — Cheque Dishonour | Karnataka HC (2025)

Sri Narasimhamurthy Vs Munikrishnappa — Cheque Dishonour | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Pre-condition of deposit reduced from 25% to 20% of the fine amount in each case; petitioner/accused to deposit 20% of the fine before the Appellate Court in each case within six weeks; order of the Appellate Court modified to that extent; other conditions to be complied with; all pending IAs disposed of.

Issue for consideration

Whether the order of the learned Sessions Judge imposing a pre-condition of deposit of 25% of the fine amount while suspending the sentence in the three criminal appeals should be set aside or modified.

Court's answer

The trial court's conviction was sustained on the footing that the complainant is an agriculturist farming sheep, goats and cows and the accused failed to set up a probable defence, notwithstanding the complainant having no documents to show he possessed Rs.6,00,000/-; accordingly some deposit condition was warranted.

Ratio / Principle

Adopting the case-to-case approach (per Jamboo Bhandary, (2023) 10 SCC 446, as noted in W.P.No.28274/2024), the Court held the accused can be directed to deposit 20% of the fine amount in each case, with reasonable time granted, in place of the 25% imposed by the Sessions Court.

Key takeaways

The petitioner/accused shall deposit 20% of the fine amount before the Appellate Court in each case within six weeks; the order passed by the Appellate Court is modified to that extent and the other conditions shall be complied with; all pending IAs are disposed of.ratio¶74

Detailed headnote1 paragraphs

Criminal Petitions (CRL.P Nos. 14855, 14835 and 14847 of 2025) under S.482 Cr.PC / S.528 BNSS by the accused in three convictions under S.138 of the Negotiable Instruments Act, 1881 (C.C.Nos.1562-1564/2019, fine of Rs.3,00,000/- in each, decided 11.9.2025), challenging the V Addl. District and Sessions Judge, Devanahalli's condition of depositing 25% of the fine while suspending sentence (order dated 10.10.2025 on I.A.No.1 in Crl.A.Nos.15012-15014/2025). Following Jamboo Bhandary v. M.P State Industrial Development Corporation Ltd., (2023) 10 SCC 446, as noted in W.P.No.28274/2024, the High Court (Mohammad Nawaz, J.) held that the deposit percentage is to be fixed case-by-case: although the complainant admitted having no documents to show possession of Rs.6,00,000/-, the trial court had rightly treated him as an agriculturist rearing sheep, goats and cows, and the accused had failed to set up a probable defence. The Court directed the accused to deposit 20% of the fine in each case before the Appellate Court within six weeks and modified the appellate orders to that extent. Petitions partly allowed; pending IAs disposed of.

NC: 2025:KHC:46625 CRL.P No. 14855 of 2025 C/W CRL.P No. 14835 of 2025 CRL.P No. 14847 of 2025

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

CRIMINAL PETITION NO. 14855 OF 2025

(482(Cr.PC) / 528(BNSS))

C/W

CRIMINAL PETITION NO. 14835 OF 2025 CRIMINAL PETITION NO. 14847 OF 2025

IN CRL.P No. 14855/2025

BETWEEN:

SRI. NARASIMHAMURTHY S/O NARAYANAPPA AGED ABOUT 40 YEARS R/AT CHANNAHALLI VILLAGE BETTAKOTE POST DEVANAHALLI TALUK - 562 129.

Digitally signed by LAKSHMI T Location: High Court of Karnataka

(BY SRI. UDAYA KUMAR N.,ADVOCATE)

AND:

…PETITIONER

MUNIKRISHNAPPA S/O MARAPPA AGED ABOUT 46 YEARS R/AT MOPARAHALLI VILLAGE KASABA HOBLI, DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT - 561 203.

…RESPONDENT

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC PRAYING TO SET ASIDE THE ORDER OF PRE CONDITION

NC: 2025:KHC:46625 CRL.P No. 14855 of 2025 C/W CRL.P No. 14835 of 2025 CRL.P No. 14847 of 2025

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HC-KAR

OF DEPOSIT OF 25 PERCENT OF THE FINE AMOUNT PASSED IN CRL.A.NO.15014/2025 WHILE SUSPENDING THE SENTENCE DATED 10.10.2025 PASSED ON I.A.NO.1 AT ANNEXURE-A ON THE FILE OF THE HONBLE COURT OF V ADDL.DISTRICT AND SESSIONS JUDGE DEVANAHALLI.

IN CRL.P NO. 14835/2025

BETWEEN:

SRI. NARASIMHAMURTHY S/ON ARAYANAPPA AGED ABOUT 35 YEARS R/AT CHANNAHALLI VILLAGE BETTAKOTE POST DEVANAHALLI TALUK - 562 129.

...PETITIONER

(BY SRI. UDAYA KUMAR N.,ADVOCATE)

AND:

MUNIKRISHNAPPA S/O MARAPPA, AGED ABOUT 46 YEARS, R/AT MOPARAHALLI VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT.

...RESPONDENT

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE ORDER OF PRE- CONDITION OF DEPOSIT OF 25 PERCENT OF THE FINE AMOUNT PASSED IN CRL.A.NO.15013/2025 WHILE SUSPENDING THE SENTENCE DATED 10.10.2025 PASSED ON I.A NO.1 AT ANNEXURE-A ON THE FILE OF THE HONBLE COURT OF V ADDL.DISTRICT AND SESSIONS JUDGE, DEVANAHALLI.

NC: 2025:KHC:46625 CRL.P No. 14855 of 2025 C/W CRL.P No. 14835 of 2025 CRL.P No. 14847 of 2025

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HC-KAR

IN CRL.P NO. 14847/2025

BETWEEN:

SRI. NARASIMHAMURTHY S/O NARAYANAPPA, AGED ABOUT 35 YEARS, R/AT CHANNAHALLI VILLAGE BETTAKOTE POST, DEVANAHALLI TALUK - 562 129

...PETITIONER

(BY SRI. UDAYA KUMAR N.,ADVOCATE)

AND:

MUNIKRISHNAPPA S/O MARAPPA, AGED ABOUT 46 YEARS, R/AT MOPARAHALLI VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT-561203.

...RESPONDENT

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET-ASIDE THE ORDER OF PRE-CONDITION OF DEPOSIT OF 25% OF THE FINE AMOUNT PASSED IN CRIMINAL APPEAL NO.15012/2025 WHILE SUSPENDING THE SENTENCE DATED: 10.10.2025 PASSED ON I.A. NO.1 AT ANNEXURE-A ON THE FILE OF THE HONBLE COURT OF V TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, DEVANAHALLI.

THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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HC-KAR

ORAL ORDER

In all these cases the parties are same.

Matter arise out of the proceedings initiated by

respondent-complainant against the petitioner/accused for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 in respect of three cheques issued by the accused to the complainant, each for a sum of Rs.2,00,000/-. The Trial Court vide its separate judgment 11.9.2025 passed in C.C.No.1562/2019,

C.C.No.1563/2019 and C.C.No.1564/2019, convicted the accused and sentenced him to pay fine Rs.3,00,000/- each and in default, to undergo simple imprisonment for 6 months.

The accused preferred separate appeals before the Sessions Court in Crl.A.No.15014/2025, Crl.A.No.15012/2025 and Crl.A.No.15013/2025. While suspending the sentence imposed by the trial Court, the learned Sessions Judge directed the accused to deposit

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HC-KAR

25% of the fine amount imposed by the trial Court, within the statutory period. Assailing the said order the accused is before this Court.

It is contended by the learned counsel for the petitioner that the complainant has categorically admitted in the cross-examination that he has no documents to show that he had a sum of Rs.6,00,000/- with him. It is therefore contended that when the complainant himself has admitted that he has no proof to show the source of income for advancing a huge loan to the accused, then the trial Court ought to have acquitted the accused. Relying

on the decisions of this Court in W.P.No.17965/2024

C/w W.P.17837/2024 dated 16.06.2025, Crl.P.No.8871/2024 dated 15.04.2025, Crl.P.No.9957/2024 dated 03.12.2024, and W.P.No.28274/2024 dated 03.12.2024, learned counsel

has contended that in such circumstances, the deposit as directed by the learned Sessions Judge need not be ordered.

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HC-KAR

In W.P.No.28274/2024 disposed of on

03.12.2024, this Court after referring to the decision in the case of JAMBOO BHANDARY VS. M.P STATE INDUSTRIAL DEVELOPMENT CORPORATION Ltd., &

Ors., reported in (2023) 10 SCC 446 has observed that it is not mandatory for the concerned Court to direct payment of 20% of the cheque amount in every case. However, it should be considered on a case to case basis depending on the merits of the matter.

In the case on hand even though the complainant has stated that he did not have any documents to show that he was having Rs.6,00,000/- with him, however, according to him, he had or he owned 60 sheep, 40 goats and 15 cows. The trial Court taking into consideration that the complainant is an agriculturist and he is farming sheep, goats and cows and as the accused failed to setup a probable defence, proceeded to convict him. The Learned sessions Judge in each case has directed

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HC-KAR

25% of the fine amount to be deposited, while suspending the sentence.

This Court is of the opinion that the accused can

be directed to deposit 20% of the fine amount in each case and reasonable time can be granted to deposit the amount. Accordingly, petitions are partly allowed . The petitioner/accused shall deposit 20% of the fine amount before the Appellate Court in each case, within a period of six weeks from today. To the said extent, the order passed by the Appellate Court is modified. Other conditions shall be complied.

All pending IAs are disposed of.

RU, List No.: 1 Sl No.: 12

Sd/(MOHAMMAD NAWAZ) JUDGE