IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 3197 OF 2025 BETWEEN:

SRI. RAGHAVENDRA K. A., MANAGING DIRECTOR , M/S. KRISHNA SHELTERS PVT. LTD., AGED ABOUT 62 YEARS, R/AT NO.59, SRI KRISHNA SUDHA, WEST AANJANEYA TEMPLE STREET, BASAVANAGUDI MAIN ROAD, GANDHI BAZAR, BENGALURU - 560 004.

…PETITIONER (BY SRI. RANJAN KUMAR K., ADVOCATE)

AND:

Dig itally PRATHAP SIMHA, signed by NAGAVENI S/O K.RAMACHANDRA, Location:

AGED ABOUT 45 YEARS, High Court of Karnataka SHO NO.F10, 1^ST FLOOR, GREEN CITY BUILDING, NEAR NAGANAKATTE, THOKKOTTU, MANGALURU - 575 017.

…RESPONDENT THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO SET-ASIDE THE JUDGMENT OF CONFIRMATION OF THE CONVICTION PASSED BY THE VI ADDL DISTRICT AND SESSIONS JUDGE, D.K. MANGALURU AND ENHANCING OF THE FINE AMOUNT FROM 65,05,000 /- TO 88,40,000/-, DATED 22.10.2024 IN CRL REV PET NO 252/2023 BY ALLOWING THIS PETITION FILED BY THE PETITIONER AND ETC.,.

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

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioner is before this Court seeking the following prayers:

“a. Call for records on the file of VI Addl District &

Sessions Judge, D.K.Mangaluru in Crl Rev Pet No 252/2023 & the Court Of JMFC IV Court at Mangaluru, Dakshina Kannada in CC No 4165/2019.

b. Set-aside the Judgment of confirmation of the conviction passed by the VI Addl District & Sessions Judge, D.K.Mangaluru & enhancing of the fine amount from 65,05,000/- to 88,40,000/-, dated 22.10.2024 in Crl Rev Pet No 252/2023 by allowing this Petition filed by the Petitioner.

c. Set-aside the Judgement of Court Of JMFC IV Court at Mangaluru, Dakshina Kannada in CC No 4165/2019, dated 26.9.2023 convicting the Petitioner for the offences under Sec 138 of N.I.Act.

d. Grant such other relief's as this Hon'ble Court deems fit to grant in the circumstances of the case.”

2. Heard Sri.Rajan Kumar K, learned counsel appearing for the petitioner and have perused the material on record.

3. Learned counsel appearing for the petitioner submits that the Coordinate Bench considered a petition between the same parties which concerned conviction of the petitioner for offences punishable under Section 138 of the Negotiable Instruments Act. Learned counsel for the petitioner submits that the Criminal Revision Petition is allowed and the matter is remitted back to the hands of the Court of Session to consider the matter afresh. He would submit that this matter also should be remitted back to the hands of the concerned Court to consider the matter afresh. The Coordinate Bench in Crl.R.P.No.41/2025 has held as follows:

“8. The petitioner who had challenged the judgment of conviction had filed an application for suspension of sentence under Section 389 of Cr.P.C. The said application has been allowed by the appellate Court by order dated 31.10.2023 and sentence has been suspended with a condition to the petitioner/accused to deposit 20% of the cheque amount before the trial Court and also to execute bond and surety. The petitioner/accused has filed application seeking extension of time to comply the condition imposed in the said order. On 27.11.2023 it came to be allowed and time has been extended for a period of 15 days i.e. till 11.12.2023. The petitioner/accused had not complied the condition imposed in the order dated 31.10.2023 till 11.12.2023. The appellate Court heard arguments on appeal as well as revision filed by the respondent/complainant and passed common judgment. In the common judgment one of the point raised for consideration is as under:

“Whether the appellant/accused is entitled to maintain the appeal despite his willful failure to comply the order of the court dated 31.10.2023?”

9. The appellate Court while answering the said point has noted the fact of petitioner not complying the condition imposed in the order dated 31.10.2023 even though time