Sri Manjunatha P S Vs M/S Sahyadri Chits Pvt. Ltd.

M/S SAHYADRI CHITS PVT LTD REPRESENTED BY ITS FOREMAN SRI RAMESH BHAT S/O MAHABALESHWARA BHAT AGED ABOUT 48 YEARS R/AT VINAYAKA NILAYA BESIDE ROYAL ORCHID BH ROAD SHIVAMOGGA 577201 UNDER THE COMPANIES ACT, 1965.

¶14

…RESPONDENT

¶15

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 12.05.2025 PASSED IN CRL.A. NO.68/2025 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA, TO THE EXTENT IT IMPOSES THE CONDITION OF DEPOSITING 20PERCENT OF THE FINE AMOUNT WHILE GRANTING INTERIM STAY, AS PER ANNEXUREA.

¶16

2 -

¶17

NC: 2025:KHC:49304 WP No. 27885 of 2025

¶18

HC-KAR

¶19

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

¶20

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

¶21

ORAL ORDER

¶22

The order dated 12.05.2025 passed in

¶23

Crl.A.No.68/2025 by the Court of Principal District and Sessions Judge, Shivamogga, directing the petitioner to deposit 20% of the fine amount, is assailed in this petition.

¶24

Petitioner was convicted by the Trial Court for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. He was sentenced to pay a fine of Rs.11,05,000/- and to undergo simple imprisonment for a period of six months, in default of payment of fine, to further undergo simple imprisonment for two months.

¶25

In the appeal preferred by the accused, vide order dated 12.05.2025, the learned Sessions Judge was pleased to stay the judgment of conviction and sentence passed by the Trial Court, subject to deposit of 20% of the fine amount before the Trial Court and executing a bond

¶26

3 - NC: 2025:KHC:49304 WP No. 27885 of 2025

¶27

HC-KAR

¶28

for Rs.50,000/- with one surety for the likesum within sixty days. Since, the said condition was not complied, vide order dated 21.08.2025, the learned Sessions Judge has vacated the conditional stay order and directed the Trial Court to proceed against the accused in accordance with law.

¶29

The learned counsel for the petitioner submits that if a reasonable time is granted to deposit 20% of the fine amount, the petitioner will undertake to deposit the same.

¶30

The appeal preferred against the judgment of conviction and sentence passed by the Trial Court is pending before the Appellate Court. Considering the submission of the learned counsel and in the interest of justice, a reasonable time may be granted to the petitioner / accused to make the deposit as directed.

¶31

4 -

¶32

NC: 2025:KHC:49304 WP No. 27885 of 2025

¶33

HC-KAR

¶34

O R D E R

¶35

(i) Subject to the petitioner depositing 20% of the

¶36

fine amount as ordered by the Appellate Court in Crl.A.No.68/2025, within a period of four weeks from today, the order dated 21.08.2025 passed therein is set-aside.

¶37

(ii) The deposit shall be made on or before

¶38

26.12.2025 before the Trial Court.

¶39

(iii) If the amount is not deposited as ordered

¶40

herein and other conditions imposed by the appellate Court are not complied within the time stipulated herein, the Trial Court shall proceed in accordance with law.

¶41

Petition is disposed of .

¶42

Sd/(MOHAMMAD NAWAZ) JUDGE

¶43

GH List No.: 1 Sl No.: 16

Sri Manjunatha P S v. M/S Sahyadri Chits Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Sri Manjunatha P S v. M/S Sahyadri Chits Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Mr.Dheeraj Gowda Vs the State of Karnataka

Basavaraja @ Basavaraja Bhovi Vs the State of Karnataka

Kuvempu P.U. College Vs Smt. Anishitha S

Sri Puttaswamy Vs State by

Dinesh Kumar Singhal Vs State of Karnataka

Narayana S Kotian Vs the State of Karnataka