IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14^TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 344 OF 2026 BETWEEN:

1. SHRI SATYA NARAYAN TULYSAN, S/O LATE GANESH LAL TULYSAN, AGED ABOUT 78 YEARS, DIRECTOR, SCOPE VINCOM INDUSTRIES PRIVATE LIMITED, SY. NO.442, JIGANI VILLAGE AND HOBLI, ANEKAL TALUK, BENGALURU – 562 106.

AND ALSO AT NO.5A, ROBINSON STREET, KOLKATA – 700 017, Digitally signed by WEST BENGAL.

NAGAVENI Location:

High Court

2. SHRI UPEN TULSYAN, of Karnataka S/O SATYA NARAYAN TULYSAN, AGED ABOUT 47 YEARS, DIRECTOR, SCOPE VINCOM INDUSTRIES PRIVATE LIMITED, SY. NO.442, JIGANI VILLAGE AND HOBLI, ANEKAL TALUK, BENGALURU – 562 106.

AND ALSO AT NO.5A, ROBINSON STREET, KOLKATA – 700 017, WEST BENGAL.

3. SHRI BIJAY CHAUDHARY, S/O LATE B.K.CHOUDHURY, AGED ABOUT 38 YEARS, AUTHORIZED SIGNATORY, SCOPE VINCOM INDUSTRIES PRIVATE LIMITED, SY NO.442, JIGANI VILLAGE AND HOBLI, ANEKAL TALUK, BENGALURU – 562 106.

…PETITIONERS (BY SRI. P.N.MANMOHAN, ADVOCATE FOR SRI. AKSHAY KUMAR JAIN V., ADVOCATE)

AND:

M/S. KRISHNA ENTERPRISES, REPRESENTED BY ITS PROPRIETOR, SRI SITARAM SULTANIA, NO.9/1-1, (OLD NO.9/2), POTTERS COLONY, NEW BAMBOO BAZAR, BENGALURU – 560 002.

…RESPONDENT THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS)

CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 10.11.2025 PASSED BEFORE LEARNED IV ADDL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN CRL.A.NO.25388/2025 (ANNEXURE A).

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

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

Petitioners are before this Court calling in question an order dated 10.11.2025 by which the sentence of the petitioners are suspended on a condition that they would deposit 20% of the fine amount and executed a bail bond thereon.

2. Heard Sri.Manmohan P.N, learned counsel appearing for the petitioners and have perused the material on record.

3. The petitioners are the accused, the respondent is the complainant. The petitioners and the complainant have a transaction. The transaction goes wrong and the complainant approaches the concerned Court invoking Section 200 of the Code of Criminal Procedure for offence punishable under Section 138 of the Negotiable Instruments Act. The petitioners- accused gets convicted of the said offence. The issue in the lis is not with regard to the merit of the matter i.e., the conviction of the petitioners. While filing an appeal against the order of conviction, the petitioners file application seeking suspension of sentence. The said suspension is ordered by the following order:

"…………………

of Small of Small Causes, Mayohall Unit, Bengaluru in C.C. No.52971/2017 dated 10/09/2025 directing the appellants/accused persons to pay a fine of Rs. 1,43,40,924/- is stayed for a period of 6 months, subject to the following:-

CONDITIONS

1. Appellants/accused persons shall deposit 20% of the fine amount in the trial court within 60 days from this day.

2. Immediately after depositing 20% of the fine amount the appellants/accused persons shall appear before the trial court and execute bail bond in a sum of Rs.1,00,000/- each with a surety of likesum.

Intimate the Order to the Learned v Addl.Small Causes Judge & XXIV ACJM, Court of Small Causes, Mayohall Unit, Bengaluru.

Issue notice of appeal memo to the respondent by: 16-12-25 Sd/- 10/11/25 C/C IVA.C.C. & S.J., Bengaluru."

The petitioners aggrieved by the said condition of 20% of deposit of the fine amount, is at the doors of this Court in the subject petition.

4. Learned counsel Sri.P.N.Manhoman appearing for the petitioners would vehemently contend that the law as laid down by the Apex Court, is completely given a go-by in directing the payment of 20% of the fine amount, while granting suspension of sentence. Learned counsel submits that the order must have been reasoned as to why 20% of the fine amount is a must in the case at hand. Learned counsel submits that the matter requires reconsideration at the hands of the concerned Co