Disposed¶42

Sri Kumar G T v. Sri Girish M G

Karnataka HC6 Jul 2026WP/18753/2026

Case brief

AI extract

What is this about?

Section 138 NI Act conviction; appeal Crl.A. 1443/2026; suspension of sentence conditional on 20% deposit; Section 389(1) Cr.P.C. application; Articles 226/227 certiorari; four weeks additional time to deposit; Karnataka High Court Bengaluru; Justice M. Nagaprasanna; WP No. 18753 of 2026 (GM-RES); LXIX Additional City Civil and Sessions Judge Bangalore (CCH-70); order dated 13.06.2026 Annexure-E; petition disposed.

What did the court decide?

Four weeks' additional time, over and above the period granted by the appellate court, to deposit the 20% amount; on failure to deposit within that period, the concerned Court remains free to pass necessary orders in accordance with law. The certiorari prayer itself was not acted upon; the petition stood disposed with these observations. ¶42

Sri Kumar G T Vs Sri Girish M G — Cheque Dishonour | Karnataka HC (2026)

What the court decided

AI extract

Outcome

¶42

Issue for consideration

Whether a writ of certiorari should be issued quashing the appellate court's order dated 13.06.2026 in Crl.Appeal.No.1443/2026 (Annexure-E). +1 more

¶25

Ratio / Principle

Though the learned counsel's submission (restricted to seeking additional time) would not merit acceptance on its merits, four weeks' time was granted over and above the time granted by the concerned Court, to afford the petitioner an opportunity to deposit the 20% amount.

¶34

Key takeaways

If the petitioner does not deposit the amount even within the four weeks granted by this Court beyond the time given by the concerned Court, it is open to the concerned Court to pass necessary orders in accordance with law.ratio¶39

Detailed headnote1 paragraphs

High Court of Karnataka at Bengaluru (M. Nagaprasanna J., single bench), Oral Order dated 06.07.2026 in W.P. No. 18753/2026 (GM-RES): The petitioner, convicted of an offence under Section 138 of the Negotiable Instruments Act, 1881 and pursuing appeal Crl.A.No.1443/2026 before the LXIX Additional City Civil and Sessions Judge, Bangalore (CCH-70), sought certiorari against the appellate court's order dated 13.06.2026 (Annexure-E) suspending his sentence subject to deposit of 20% of the amount, and allowance of his I.A. under section 389(1) Cr.P.C. without insisting on that deposit. Counsel restricted the submission to a request for four weeks beyond the time already granted. The Court held the submission would not merit acceptance, yet granted four weeks over and above the concerned Court's time to deposit the 20%; failing which the concerned Court may pass necessary orders in accordance with law. Petition disposed.

¶1

¶2

NC: 2026:KHC:33735 WP No. 18753 of 2026

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶5

DATED THIS THE 6^TH DAY OF JULY, 2026

¶6

BEFORE

¶7

THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 18753 OF 2026 (GM-RES)

¶8

BETWEEN:

¶9

SRI. KUMAR G.T. S/O THIMMAPPA G.V. AGED ABOUT 48 YEARS RESIDING AT, 15/16, 2ND FLOOR, 5TH MAIN ROAD, 2ND CROSS, BALAJI LAYOUT, KOGILU, YELAHANKA BANGALORE - 560 065.

¶10

…PETITIONER

¶11

(BY SRI. BHASKAR GOWDA N.M, ADVOCATE)

¶12

Digitally signed by PADMAVATHI B K Location: High Court of Karnataka

¶13

AND:

¶14

SRI. GIRISH M.G. S/O LATE GOWDAIAH AGED ABOUT 50 YEARS RESIDING AT, NO. 277, GANGANADI ROAD, BRUNDAVAN NAGAR BANGALORE - 560 019.

¶15

…RESPONDENT

¶16

2 - NC: 2026:KHC:33735 WP No. 18753 of 2026

¶17

HC-KAR

¶18

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF

¶19

THE CONSTITUTION OF INDIA R/W SEC. 482 OF THE CR.P.C PRAYING TO A) ISSUE A WRIT OF CERTIORARI, BY QUASHING THE ORDER DATED 13.06.2026 IN CRL.APPEAL. NO.1443/2026 PASSED BY THE LEARNED LXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-70) AS PER ANNEXURE-E CONSEQUENTLY AND ETC.,

¶20

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

¶21

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

¶22

ORAL ORDER

¶23

The petitioner is before this Court seeking the following

¶24

prayers:

¶25

a) Issue a writ of Certiorari, by quashing the order dated:13.06.2026 in Crl.Appeal.No.1443/2026 passed by the Learned LXIX Additional City Civil and Sessions Judge, Bangalore (CCH-70) as per ANNEXURE-E; Consequently.

¶26

b) To allow the I.A filed under section 389(1) of the Code of the Criminal Procedure filed by the Petitioner as per ANNEXURE-D, without insisting for the Petitioner to deposit 20% of the fine amount, in the given facts and circumstances of the case.

¶27

¶28

NC: 2026:KHC:33735 WP No. 18753 of 2026

¶29

HC-KAR

¶30

c) To pass such other and further releifs as this Hon'ble Court may deems fit under the facts and circumstances of the case by allowing the writ petition, in the interest of justice and equity."

¶31

The petitioner is the accused, who gets convicted of

¶32

the offence punishable under Section 138 of Negotiable Instruments Act, 1881. The conviction is challenged before the Appellate Court in Crl.A.No.1443/2026. The concerned Court suspends the sentence, subject to the condition of deposit of 20% of the amount.

¶33

The learned counsel appearing for the petitioner though has challenged the said order would restrict his submission that if four weeks time is granted beyond what the concerned Court has granted, the petitioner would deposit the amount of 20% before the concerned Court.

¶34

Though the submission would not merit any acceptance, however to grant an opportunity to the petitioner to deposit the said amount, four weeks time is granted over and above what the concerned Court has granted.

¶35