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NC: 2026:KHC:5476

CRL.P No. 15872 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 31^ST DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

CRIMINAL PETITION NO. 15872 OF 2025

BETWEEN:

MR. HARI GANESH

S/O LATE SANKAR

AGED ABOUT 47 YEARS

RESIDING AT NEW NO. 9

OLD NO. 72, ATALLAH TOWERS

T-BLOCK, 9^TH STREET, ANNA NAGAR

CHENNAI – 600 040

…PETITIONER

(BY SRI JYOTHI S. K., ADVOCATE)

AND:

M/S RJ RISHIKARAN PROJECTS PVT. LTD.,

Digitally OFFICE AT PENT HOUSE, RJ MANOR

signed by

SANJEEVINI J APARTMENTS, 11/A, 80 FEET ROAD

KARISHETTY

3^RD CROSS, KORAMANGALA

Location: High

Court of BENGALURU - 560034.

Karnataka

REP. BY ITS MANAGING DIRECTOR

MR. RATHNAKAR SHETTY.DD

…RESPONDENT

(BY SRI GURU PRASAD C REDDY.,ADVOCATE)

THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS)

PRAYING TO SET ASIDE THE ORDER DTD 27.09.2025 PASSED

ON I.A NO.1 IN CRL.A.NO.25342/2025 BY THE LXXIII ADDL.

CITY CIVIL AND SESSIONS JUDGE, WITH RESPECT TO

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CONDITION OF DEPOSITING 20% OF THE AMOUNT AND

FURNISHING LIKE SUM SURETY AND THEREBY ALLOWING I.A.

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 calling in question an

order dated 27.09.2025, passed by the LXXIII Additional City

Civil and Sessions Judge, Bengaluru, whereby, an application

filed by the petitioner in I.A.No.1, seeking suspension of

sentence is allowed, subject to condition of deposit of 20% as is

obtaining under Section 148 of the Negotiable Instruments Act,

1881 (for short ‘the Act’), in Crl.A.No.25342/2025.

2. Heard Smt. Jyothi S.K., learned counsel for petitioner

and Sri Guru Prasad C. Reddy, learned counsel for respondent.

3. The petitioner is the accused, the respondent -

complainant. The petitioner gets convicted for the offence

under Section 138 of the Act. The issue is not with regard to

the merit of the matter. The concerned appellate Court

suspends the sentence by the following order:

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CRL.P No. 15872 of 2025

HC-KAR

“O R D E R

Keeping IA No.1 pending for consideration,

impugned judgment and order passed by XXXIV A.C.J.M.,

Mayo Hall Unit, Bengaluru, dated 19.08.2025 in CC

No.50208/2021 is hereby suspended on condition that

appellant shall deposit 20% of fine amount and also

execute personal bond for balance fine amount with like-

sum one surety before trial court on or before

28.10.2025.

For compliance of the order.

Call on 28.10.2025.”

Though the judgment of the Apex Court in the case of

JAMBOO BHANDARI V/S. MADYA PRADESH STATE

INDUSTRIAL DEVELOPMENT CORPORATION LTD. AND

OTHERS reported in (2023) 10 SCC 446 is referred, there is

no application of mind while directing to deposit 20% of the

fine amount.

4. In an identical circumstance, in Crl.P.No.344/2026

disposed on 14.01.2026, this Court has passed the following

order:

“5. In the light of the issue being one of the

suspension of sentence on certain conditions, no notice

need be issued to the applicant. The admitted facts are

that the petitioners get convicted of the offence under

Section 138 of the Negotiable Instruments Act and the

order of conviction is sought to be stayed by the order

quoted herein above. The Apex Court considering an

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CRL.P No. 15872 of 2025

HC-KAR

identical circumstance in the case of JAMBOO

BHANDARI vs. MADHYA PRADESH STATE

INDUSTRIAL DEVELOPMENT CORPORATION

LIMITED AND OTHERS, 2023 SCC OnLine SC 1144, has held as follows:

5. Para 8 of the decision of this Court in Surinder

Singh Deswal [Surinder Singh Deswal v. Virender

Gandhi, (2019) 11 SCC 341 : (2019) 3 SCC (Cri) 461

: (2019) 3 SCC (Civ) 765] reads thus : (SCC p. 350)

“8. Now so far as the submission on behalf of the

appellants that even considering the language used in

Section 148 NI Act as amended, the appellate court “may”

order the appellant to deposit such sum which shall be a

minimum of 20% of the fine or compensation awarded by

the trial court and the word used is