Mr. Mehaboobali @ Mehabubali Vs Ms. S G Jagadeesha

MR. MEHABOOBALI @ MEHABUBALI, S/O MOHAMMED GHOUSE, AGED ABOUT 43 YEARS, MUNICIPALITY EMPLOYEE, WORKING AT SHIKARIPURA MUNICIPALITY, SHIKARIPURA TOWN, SHIVAMOGGA DISTRICT - 577 427.

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&PETITIONER

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(BY SRI. KASHINATH J.D, ADVOCATE)

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AND:

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Digitally signed by KAVYA R Location: High court of Karnataka

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MS. S.G. JAGADEESHA, S/O GIDDAPPA SANDEMANE, AGED ABOUT 48 YEARS, HOME APPLIANCE, TECHNICIAN SERVICES AND AUTO LINKS, RESIDING AT BEHIND JAYASHREE TALKIES, HONDAKERI, SHIKARIPURA TOWN, SHIVAMOGGA DISTRICT - 577 427.

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&RESPONDENT

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(RESPONDENT - SERVED)

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THIS CRL.RP IS FILED U/S.397 R/W 401(FILED U/S.438 R/W SEC.442 BNSS) OF CR.P.C PRAYING D TO SET ASIDE THE JUDGMENT DATED 02.12.2024 PASSED IN CRL.A.NO.155/2023 ON THE FILE OF THE III ADDL DISTRICT AND SESSIONS

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2 - NC: 2026:KHC:1903 CRL.RP No. 1861 of 2025

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HC-KAR

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JUDGE AT SHIVAMOGGA IN SO FAR AS CONDITIONS NO.1 THAT IS HE SHALL DEPOSIT HALF OF THE FINE AMOUNT (EXCLUDING 25 PERCENT ALREADY DEPOSITED) BEFORE THE TRIAL COURT IS CONCERNED TO MEET THE INTEREST OF JUSTICE AS ILLEGAL AND WITHOUT JURISDICTION.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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This Criminal Revision petition under Section 397 read with Section 401 of Cr.PC is filed by the petitioner/accused with a prayer to set aside the Judgment and Order dated 02.12.2024 passed in Criminal Appeal No.155/2023 by the Court of III Additional District and Sessions Judge, Shivamogga, to the extent it relates to directing the petitioner to deposit half of the fine amount before the Trial Court (excluding 25% already deposited) vide condition No.1 imposed in the operative portion of the impugned judgment and order.

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Heard the learned counsel for the petitioner.

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Respondent who is served has remained unrepresented before this Court.

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3 - NC: 2026:KHC:1903 CRL.RP No. 1861 of 2025

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HC-KAR

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Petitioner herein was convicted for offence punishable under Section 138 of the Negotiable Instruments Act, 1881 by the Court of Senior Civil Judge and JMFC, Shikaripura in C.C.No.1006/2017 vide judgment and order dated 30.06.2023 and he was sentenced to pay fine of Rs.4,35,000/- and in default to undergo simple imprisonment for a period of one year. Aggrieved by the said judgment and order of conviction and sentence passed in C.C.No.1006/2017, petitioner had filed Crl.A.No.155/2023 before the Court of III Additional District and Sessions Judge, Shivamogga, which was allowed by Judgment and Order dated 02.12.2024. The Appellate Court, having set aside the judgment and order of conviction and sentence passed by the Trial Court, has remanded the case to the Trial Court for fresh disposal on merits subject to certain conditions. Condition No.1 imposed by the Appellate Court in Crl.A.No.155/2023 reads as follows:

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4 -

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NC: 2026:KHC:1903 CRL.RP No. 1861 of 2025

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HC-KAR

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"1.He shall deposit half of the fine amount (excluding 25% already deposited) before the Trial Court."

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Aggrieved by the aforesaid condition petitioner is before this Court.

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Perusal of the material on record would go to

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show that the Trial Court had passed the judgment and order of conviction and sentence against the petitioner in C.C.No.1006/2017 without recording the statement of the petitioner/accused as provided under Section 313 of Cr.PC. It is under these circumstances, the Appellate Court has set aside the judgment and order of conviction and sentence passed by the Trial Court in C.C.No.1006/2017 and has remanded the matter to the Trial Court, with a direction to the Trial Court to record the statement of the petitioner/accused under Section 313 Cr.PC and also give him an opportunity to adduce defence evidence, if any.

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The material record would go to show that in compliance with the interim order passed in

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5 - NC: 2026:KHC:1903 CRL.RP No. 1861 of 2025

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HC-KAR

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Crl.A.No.155/2023 petitioner had deposited 25% of the fine amount before the Trial Court. The Appellate Court while remanding the matter has directed the petitioner to further deposit half of the fine amount before the Trial Court (excluding 25% already deposited). In my considered opinion, since the judgment and order of conviction and sentence passed by the Trial Court was set aside and the matter was remitted with certain observations by the Appellate Court, condition imposed by the Appellate Court directing the petitioner to deposit half of the fine amount before the Trial Court, in addition to 25% of the fine amount already deposited was not permissible. The said condition imposed by the Appellate Court is not only arbitrary but also is illegal and therefore, the same cannot be sustained. Accordingly the following:

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ORDER

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i. The Criminal revision petition is allowed and the impugned judgment and order

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6 - NC: 2026:KHC:1903 CRL.RP No. 1861 of 2025

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HC-KAR

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dated 02.12.2024 passed in Crl.A.No.155/2023 by the Court of III Additional District and Sessions Judge, Shivamogga, to the extent it relates to directing the petitioner to deposit half of

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the fine amount before the Trial Court (excluding 25% of the fine amount already deposited) stands set aside.

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ii. All other conditions found in the order impugned remain unaltered.

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Sd/(S VISHWAJITH SHETTY) JUDGE

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KVR

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List No.: 1 Sl No.: 17

Mr. Mehaboobali @ Mehabubali v. Ms. S G Jagadeesha

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Mr. Mehaboobali @ Mehabubali v. Ms. S G Jagadeesha

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