Disposed¶37

Mr. S. Mansoor Ahmed v. Sri. C. T. Aswathnarayana Chari

Karnataka HC11 Dec 2025CRL.P/16136/2025

Case brief

AI extract

What is this about?

Section 138 NI Act conviction; fine deposit and release from custody; quashing of conviction sought under S.482 Cr.PC / S.528 BNNS; CC No.417/2010 Chikkaballapura; Crl.A No.61/2018 confirmed 12.03.2020; Crl.RP.No.1706 of 2025 dismissed for delay; custody since 25.10.2025; deposit deadline 19.12.2025; complainant entitled to withdraw deposit; CRL.P No. 16136 of 2025; High Court of Karnataka; Justice Mohammad Nawaz; petition disposed of.

What did the court decide?

Petitioner permitted to deposit the balance fine of Rs. 65,500/- before the Trial Court on or before 19.12.2025; Magistrate directed to accept the deposit and release the accused from custody after confirming full payment; complainant entitled to withdraw the amount in deposit. ¶37

Mr. S. Mansoor Ahmed Vs Sri. C. T. Aswathnarayana Chari — Cheque Dishonour | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, convicted under Section 138 NI Act and in custody, having deposited Rs. 65,500/- out of the fine of Rs. 1,31,000/- and undertaking to pay the balance Rs. 65,500/-, may be permitted to deposit the balance within a reasonable time and be released from custody upon confirmation of full payment.

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Court's answer

In view of the petitioner's undertaking, he can be permitted to deposit the balance fine amount before the trial court within a reasonable time.

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Ratio / Principle

The petitioner shall deposit the balance amount before the Trial Court on or before 19.12.2025.

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Key takeaways

The Learned Magistrate shall accept the deposit and, after confirming full payment, release the accused from custody.ratio¶31
The complainant is entitled to withdraw the amount in deposit.ratio¶35-36

Detailed headnote1 paragraphs

Criminal Petition (CRL.P No. 16136 of 2025, High Court of Karnataka, decided 11.12.2025) filed under S.482 Cr.PC (filed u/s 528 BNNS) by a convict under Section 138 NI Act seeking quashing of the conviction and sentence dated 02.08.2018 in CC No.417/2010 (I Addl. Civil Judge & JMFC, Chikkaballapura), confirmed in Crl.A No.61/2018 on 12.03.2020; his revision petition (Crl.RP.No.1706 of 2025) had been dismissed for delay on 18.11.2025. In custody since 25.10.2025, the petitioner had already deposited Rs. 65,500/- of the Rs. 1,31,000/- fine and undertook to pay the balance. The Court permitted deposit of the balance Rs. 65,500/- on or before 19.12.2025, directed the Magistrate to accept the deposit and release the accused after confirming full payment, held the complainant entitled to withdraw the amount in deposit, and disposed of the petition.

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NC: 2025:KHC:52666 CRL.P No. 16136 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF DECEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 16136 OF 2025

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BETWEEN:

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MR. S. MANSOOR AHMED S/O LATE SHAMIR SAB AGED ABOUT 63 YEARS R/AT, LUCKY STAR MUNDY 7^TH BLOCK, KURUBARAPETE, BAGEPALLI TOWN, CHIKKABALLAPURA DISTRICT - 561 207.

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…PETITIONER

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(BY SRI. ARUN KUMAR G., ADV. FOR SRI H.VENKATESHA DODDERI.,ADVOCATE)

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AND:

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Digitally signed by LAKSHMI T Location: High Court of Karnataka

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SRI. C.T. ASWATHNARAYANA CHARI S/O G.K. THIMMACHARI AGED ABOUT 63 YEARS R/AT NO.736, 3RD CROSS, WARD NO.23, T.A.P.C.M.S. ROAD, CHAMARAJAPETE, CHIKKABALLAPURA TOWN-562101.

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…RESPONDENT

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THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE IMPUGNED JUDGMENT OF CONVICTION AND SENTENCE DATED 02.08.2018 PASSED BY 1ST ADCL.CIVIL JUDGE AND JMFC AT CHIKKABALLAPURA IN CC NO.417/2010 AND CONFIRMED BY PRL.DISTRICT AND SESSIONS JUDGE, AT CHIKKABALLAPURA IN CRL.A NO.61/2018 DATED 12.03.2020 AND DIRECT THE TRIAL COURT RELEASE THE PETITIONER.

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NC: 2025:KHC:52666 CRL.P No. 16136 of 2025

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HC-KAR

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

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CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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Petitioner was convicted for an offence punishable under Section 138 of the NI Act. He was sentenced to undergo S.I for a period of 6 (six) months and to pay a fine of ₹1,31,000/-, in default of payment of fine to undergo S.I for a period of 3 (three) months, by the Court of I Additional Civil Judge and JMFC at Chikkaballapura in C.C.No.417 of 2010, vide order dated 02.08.2018.

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Criminal Appeal No.61/2018, preferred before the Court of Principal District and Sessions Judge at Chikkaballapur was dismissed vide judgment dated 12.03.2020, wherein the judgment of conviction and sentence passed by the trial Court was confirmed.

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The Criminal Revision Petition preferred before this Court in Crl.RP.No.1706 of 2025 was dismissed on the ground of delay, vide Order dated 18.11.2025.

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3 - NC: 2025:KHC:52666 CRL.P No. 16136 of 2025

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HC-KAR

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Learned counsel for the petitioner submits that, before the Trial Court itself the petitioner had deposited ₹65,500/- out of the fine amount and now he is ready to pay the balance amount of ₹65,500/-. He submits that the petitioner has been taken into custody on 25.10.2025 and therefore, seeks to pass necessary orders.

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The Order Sheet of the Trial Court dated 22.09.2018 goes to show that the petitioner has deposited a sum of ₹65,500/-. According to the petitioner, there is a balance of another ₹65,500/-, which he has undertaken to deposit before the Trial Court.

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In view of the undertaking, the petitioner can be permitted to deposit the said amount before the trial court within a reasonable time.

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The petitioner shall deposit the balance amount before the Trial Court on or before 19.12.2025 . The Learned Magistrate shall accept the said deposit and after confirming the full payment, shall release the accused from custody.

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NC: 2025:KHC:52666 CRL.P No. 16136 of 2025

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HC-KAR

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The complainant is entitled to withdraw the amount in

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deposit.

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With the above observation, the petition is disposed of .

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