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.

4.

Having heard the arguments and on perusal of the

records, especially the provision of Section 148 of N.I. Act

reveals, 20% of minimum fine amount shall be deposited within

60 days and if any sufficient cause is shown, another 30 days

can be granted by the trial Court or First Appellate Court for

depositing the amount which is totally 90 days. But here in this

case, the order was passed on 26.04.2022. The D.D. was

obtained only in January 2023 i.e., almost nine months later,

therefore, the trial Court has rightly refused to receive the D.D.

amount, because there is delay of six months in depositing the

amount. However, in case, the petitioner failed to deposit the

amount, it is recoverable as per Section 431 or Section 421 of

Cr.P.C. as a fine or revenue. Such being the case, in case, the

petitioner has not deposited the amount, the respondent-

complainant is at liberty to recover the same by issuing the

FLW through the Court and it may cause some delay in

recovering the same. Therefore, it is deem fit and proper to

extend the time for the petitioner by invoking the provision of

Section 482 of Cr.P.C.

- 4 -

5.

Accordingly, the petition is allowed.

The petitioner is permitted to deposit the amount of

Rs.1,80,000/- before the Magistrate and the learned Magistrate

is directed to receive the same, if it is deposited within three

days from the date of receipt of the copy of this Order. The said

amount may be ordered to be released to the respondent.

6.

In view of disposal of the main petition, pending

I.A.No.1/2023 does not survive for consideration and the same

is disposed of.

Sd/-

JUDGE

GBB

List No.: 1 Sl No.: 35