HIGH COURT OF KARNATAKA
K. NATARAJAN, J
SMT MAHALAKSHMI C – Appellant
Versus
M/S SAPTHAGIRI FINANCE (REG) – Respondent
Looking to the facts and circumstances of the case,
issuance of notice to the respondent is dispensed with.
2.
This petition is filed by the petitioner-accused under
Section 482 of Cr.P.C. for setting aside the order dated
06.01.2023 passed in Crl.A.No.484/2022 by LX ACC and
Sessions Judge, Bengaluru (CCH-61) for having rejected the
prayer of the petitioner for depositing 20% of the fine amount.
3.
The learned counsel for the petitioner submits that
the petitioner faced the trial being convicted by the Magistrate
under
Section
138
of
N.I.
Act
and
imposed
fine
of
Rs.9,05,000/- and in appeal, there was a direction of the First
Appellate Court to deposit 20% of the fine amount within 60
days in Crl.A.No.484/2022 vide order dated 26.04.2022. But
the petitioner was not able to mobilize the fund within 60 days,
there was some delay in mobilizing the fund and finally, she
was able to mobilize the fund in January 2023 and she has
obtained the D.D. for Rs.1,80,000/-. But the Magistrate refused
to receive the DD. The demand draft also shown to this Court.
The D.D. which was ready to deposit was refused by the trial
- 3 -
Court on 06.01.2023. Hence, the petitioner is before this
Court.
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