Anwar Hussain Vs Purushotham Shetty N

ANWAR HUSSAIN, S/O T.K. MOHAMMED, AGED ABOUT 47 YEARS, R/AT WIND GATE, III FLOOR, FLAT NO. 303, OPP BOLAR SHADOW MALL, YENMARK BUILDERS, S-11, PRESIDIUM COMMERCIAL, COMPLEX, N.G. ROAD, ATTAVAR, MANGALORE - 575 001.

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…PETITIONER

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(BY SRI. THANUJ KUMAR, ADVOCATE)

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AND:

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Digitally signed by KAVYA R PURUSHOTHAM SHETTY N, Location: S/O NARAYANA SHETTY, High court of Karnataka AGED ABOUT 53 YEARS, R/AT GODWIN VEIGAS, BEHIND LIONS BHAVAN, BRAHMAGIRI JUNCTION, NAYARKERE 1ST CROSS, AMBALPADY POST, UDUPI TALUK, UDUPI DISTRICT - 576 103.

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…RESPONDENT

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(BY SRI. NISHIT KUMAR SHETTY, ADVOCATE)

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NC: 2026:KHC:4350 CRL.RP No. 1418 of 2025

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HC-KAR

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THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 CR.P.C PRAYING TO MODIFY THE JUDGMENT DATED 30.07.2025 PASSED CRIMINAL APPEAL NO.6/2023 BY THE HONBLE PRL.DISTRICT AND SESSIONS JUDGE, UDUPI TO THE EXTENT IT IMPOSES THE CONDITION DIRECTING THE PETITIONER TO DEPOSIT 50% OF THE CHEQUE AMOUNT AS A PRE-REQUISITE FOR REMAND AND FURTHER STIPULATING THAT FAILURE TO COMPLY WITH SUCH CONDITION WOULD RESULT IN CONFIRMATION OF THE CONVICTION DATED 26.12.2022 PASSED IN CC NO.2657/2021 ON THE FILE OF THE HONBLE ADDL.CIVIL JUDGE AND JMFC UDUPI.

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

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CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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The accused is before this Court in this Criminal revision petition filed under Section 397 read with Section 401 of Cr.PC, with a prayer to set aside the judgment and order dated 30.07.2025 passed by the Court of Principal District and Sessions Judge, Udupi in Crl.A.No.06/2023, insofar as it relates to directing the petitioner to deposit 50% of the cheque amount before the Trial Court within 10 days from the date of the order.

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Heard the learned counsel for the parties.

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HC-KAR

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Petitioner was tried for offence punishable under

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Section 138 of the Negotiable Instruments Act, 1881 (in short 'N.I.Act') before the Court of Additional Civil Judge and JMFC, Udupi in C.C.No.2657/2021 and by judgment and order dated 26.12.2022, the Trial Court had convicted the petitioner for the offence punishable under Section 138 of the N.I.Act and sentenced him to pay fine of Rs.55,31,000/- (Rupees Fifty Five Lakhs and Thirty One Thousand only) and in default to undergo simple imprisonment for a period of one year. Against the said judgment and order of conviction and sentence passed in C.C.No.2657/2021, petitioner had filed Crl.A.No.06/2023 before the Court of Principal District and Sessions Judge, Udupi, which was allowed by judgment and order dated 30.07.2025 and the matter was remitted to the Trial Court for fresh disposal subject to following conditions:

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"(1) The appellant shall deposit 50% of the cheque amount within 10 days from the date of this order before the trial Court. Same shall be retained in Fixed Deposit with periodic interest.

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NC: 2026:KHC:4350 CRL.RP No. 1418 of 2025

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HC-KAR

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(2) The parties shall proceed with the case without loss of time and conclude the trial within a period of 3 months from the date of appearance.

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In case of failure of appellant to comply with condition No.1 impugned judgment of conviction shall be treated as confirmed."

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Aggrieved by condition No.(1), the petitioner is before this Court.

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Learned counsel for the petitioner submits that condition No.(1) imposed by the Appellate Court is harsh and since the amount covered under the cheque-in-question is huge, petitioner is finding it difficult to comply with the said order. He submits that petitioner has already deposited 20% of the fine amount before the Trial Court, pursuant to the order passed by this Court on 23.09.2025. Accordingly, he prays to allow this petition.

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Per contra , learned counsel for the respondent

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submits that proceedings is of the year 2021. The cheque-in-question is of the year 2019. Already six years

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HC-KAR

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have lapsed. Petitioner is only attempting to gain time and protract the litigation. Respondent is facing serious financial constraints and therefore, the condition imposed by the Appellate Court while remanding the matter is just and proper and does not call for interference. Accordingly,

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he prays to dismiss the petition.

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According to the respondent/complainant, petitioner who is his friend had availed financial assistance to the tune of Rs.39,75,000/- (Rupees Thrity Nine Lakhs Seventy Five Thousand only) from him and towards repayment of the said amount he had issued the cheque-in-question for the said amount of Rs.39,75,000/(Rupees Thrity Nine Lakhs Seventy Five Thousand only). Since the cheque-in-question was dishonored by the drawee Bank on the ground that there was no sufficient balance available in the bank account of the petitioner,

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after compliance of the statutory requirements, proceedings was initiated against the petitioner for offence punishable under Section 138 of the N.I.Act.

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HC-KAR

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The Trial Court having convicted the petitioner for offence punishable under Section 138 of the N.I.Act had sentenced him to pay fine of Rs.55,31,000/- (Rupees Fifty Five Lakhs and Thirty One Thousand only) and out of this fine amount, had directed the petitioner/accused had to pay compensation of Rs.55,30,000/- (Rupees Fifty Five Lakhs and Thirty One Thousand only) to the respondent/complainant. The Appellate Court, in order to grant an opportunity to the petitioner/accused to put forward his defence, has remanded the matter vide judgment and order dated 30.07.2025 with an observation that the Trial Court shall conclude the trial and dispose of the matter within a period of three months from the date of appearance of the parties.

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In view of the pendency of this Criminal revision petition, the Trial Court has not proceeded with the matter. The petitioner has deposited 20% of the cheque amount before the Trial Court in compliance of the order dated 23.09.2025. Five months have lapsed thereafter.

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NC: 2026:KHC:4350 CRL.RP No. 1418 of 2025

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HC-KAR

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Therefore, I am of the opinion that if the petitioner is directed to deposit further 20% of the fine amount and the Trial Court is directed to proceed with the matter in compliance of the judgment and order dated 30.07.2025 passed in Crl.A.No.06/2023 by the Court of Principal

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District and Sessions Judge, Udupi, the same would serve the ends of justice. Accordingly the following:

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ORDER

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i. The Criminal revision petition is partly

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allowed .

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ii. The impugned judgment and order dated 30.07.2025 passed in Crl.A.No.06/2023 by the Court of Principal District and Sessions Judge, Udupi is modified, to the extent it relates to directing the petitioner to deposit 50% of the cheque amount before the Trial Court within a period of 10 days as found in Condition No.(1) of the order impugned and

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NC: 2026:KHC:4350 CRL.RP No. 1418 of 2025

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HC-KAR

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instead, the petitioner is directed to deposit 40% of the cheque amount before the Trial Court, which shall be inclusive of the amount already deposited by him before the Trial Court in compliance of the interim order passed by this Court on 23.09.2025.

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iii. The balance 20% of the fine amount shall be deposited by the petitioner before the Trial Court within a period of two weeks from the date of receipt of certified copy of this order.

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iv. Since both the parties are represented before this Court, the parties are directed to appear before the Trial Court on 11.02.2026 without awaiting for further notice/summons from the Trial Court.

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v. The learned counsel for

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respondent/complainant has filed IA1/2026 seeking to withdraw the amount deposited by

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NC: 2026:KHC:4350 CRL.RP No. 1418 of 2025

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HC-KAR

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the petitioner, which is not seriously opposed by the learned counsel for respondent. Respondent/complainant is permitted to withdraw the amount deposited by the petitioner before the Trial Court in C.C.No.2657/2021 subject to he executing a indemnity bond before the Trial Court under taking to re-deposit the amount withdrawn with applicable bank interest as provided under Section 148 of the Negotiable Instrument Act, 1881, in the event petitioner succeeds before the Trial Court. Accordingly,

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I.A.No.1/2026 is allowed .

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vi. It is needless to state that Trial Court shall conclude the trial and dispose of the case on merits within a period of three months from the date of appearance of the parties.

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