Arthur Thrilok Singh, v. K.M. Suresh
Case brief
What is this about?
Section 138 NI Act conviction (fine ₹12,05,000); conditional stay under Section 389 CrPC with 20% cheque-amount pre-deposit under Section 148 NI Act upheld; Crl.P under Section 482 CrPC / Section 528 BNSS dismissed; Jamboo Bhandari v. MPSIDC ((2023) 10 SCC 446) and Muskan Enterprises v. State of Punjab (Crl.A.5491/2024) distinguished — relaxation of Section 148 deposit only in rare cases where pre-deposit would frustrate the appeal; financial-incapacity plea of retired pensioners rejected; four weeks' extension granted to deposit via Demand Draft; Karnataka High Court, CRL.P No. 8241 of 2025, decided 09-09-2025 (NC: 2025:KHC:35375).
What did the court decide?
Petition dismissed; however, as limited indulgence, the period for depositing 20% of the cheque amount (initially sixty days as directed by the Appellate Court) is extended by a further four weeks; if the petitioners furnish a Demand Draft before the Appellate Court along with an appropriate application within the extended period, the Appellate Court shall consider it on its merits; upon deposit, the Appellate Court is to hear and dispose of the appeal on merits in accordance with law.