IN THE HIGH COURT OF KARNATAKA: AT BANGALORE .

Criminal Petition No. /2014

BETWEEN: -

Sri. Vishwas Petitioner

And:-

Sri Abhishek, Respondent

INDEX

Sl. Particulars Page

No No.
.
1 Synopsis
2 Memorandum of Criminal Petition under Section
482 of the Code of Criminal Procedure, 1973
3 Document No.1: Certified copy of the Order dated
14.08.2014.
4 Document No.2: Copy of Judgment passed in
C.C.No.3482/2013
5 Document No.3: Copy of the appeal Memo
6 Document No.4: Copy of the application under

Section 389(1) of CrPC.

6 Vakalath

Bangalore,
Date: 24.11.2014 Advocate for Petitioner
 IN THE HIGH COURT OF KARNATAKA: AT BANGALORE.

Criminal Petition No. /2014

BETWEEN:-

Sri. Vishwas Petitioner

AND:-
Sri Abhishek, Respondent

SYNOPSIS
Sl. Date Events
No.
1 09.09.2014 The petitioner being aggrieved by the judgment of
conviction and sentence in C.C.No.3482/2013
dated 14.08.2014 passed by the Hon’ble Principal
Sr. Civil Judge and CJM, Bangalore for the offence
punishable under Section 138 of Negotiable
Instruments Act sentencing the appellant to
undergo simple imprisonment for a period of six
months and to pay a fine amount of Rs.7,00,000/-
and also to undergo simple imprisonment for a
period of 6 months and in case of default to
undergo further simple imprisonment of 1 month,
has preferred Criminal Appeal before the District
Civil and Sessions Judge, Bangalore in Criminal
Appeal No.850/2014,
2 12.09.02014 The appellate court vide order dated 14.08.2014.
has suspended the sentence till conclusion of the
appeal on the condition that the Appellant shall
execute personal bond for Rs.10,000/- with a
surety for like sum to the satisfaction of the trial
magistrate court and to deposit 50% of the
compensation amount. But there is no time limit
stipulated in the said order.
4 18.11.2014 The petitioner having found that the condition so
imposed by the appellate court to suspend the
sentence being unreasonable and harsh has filed
the above petition.

Bangalore,
Date: 24.11.2014 Advocate for Petitioner

2
 IN THE HIGH COURT OF KARNATAKA: AT BANGALORE.

(MEMORANDUM OF CRIMINAL PETITION UNDER SECTION 482 OF

THE CODE OF CRIMINAL PROCEDURE 1973)

IN THE COURT OF THE HON'BLE DISTRICT AND SESSIONS JUDGE,

AT BANGALORE

CRIMINAL APPEAL No.850/2014

IN THE HIGH COURT OF KARNATAKA: AT BANGALORE .

Criminal Petition No. /2014

RANK OF PARTIES IN

BETWEEN: - Trial Court/Appellate court/High Court

Sri. Vishwas
S/o Sudesh Kumar,
Aged about 31 years,
R/at. No.A/18,
1st Main, 2nd Cross,
Vidyanagar,
Bangalore - 577005. … Accused /Appellant /Petitioner

And:-

Sri Abhishek,
S/o Hanumanthappa,
Aged about 35 years,
Residing at 1st Cross,
Gandhinagara,
Bangalore – 577512 Complainant/Respondent/ Respondent

MEMORANDUM OF CRIMINAL PETITION UNDER SECTION 482 OF

THE CODE OF CRIMINAL PROCEDURE 1973

The Petitioner most humbly submits as under:-

1. The address of the Petitioner for the purpose of service of notice,
summons, etc., from this Hon’ble Court is as stated in the cause title and
also care of his Counsel Sri. ____Manu Abraham_______ , Advocate, No.
_112____ , 2nd Floor, ___BDA__________ Complex, 5th Main, Gandhinagar,
Bangalore – 560 009.

2. The address of the respondent as stated in the cause title is true

and correct for the similar purpose.
3. The petitioner being aggrieved by the condition imposed to deposit
50% of the compensation amount to suspend the sentence passed by the
learned Principal Civil Judge and CJM, at Bangalore, in
C.C.No.3482/2013 dated 14.08.2014, for the offences punishable under
Section 138 of NI Act, by the Court of the District Civil and Sessions

3
Judge, at Bangalore, on Interlocutory Application filed by the
petitioner under Section 389 (1) of Code of Criminal Procedure in
Criminal Appeal No.106/2014,pending on the file of the Court of the
District Civil and Sessions Judge, at Bangalore, has filed the above
petition. The Certified copy of the Order is herewith furnished as
Document No. 1.

FACTS OF THE CASE

4. That the parties to the petition are referred to as they stand before
the trial court for the sake of convenience. That the complainant has filed
a complaint under Section 200 Cr.P.C., for the offence punishable under
Section 138 of Negotiable Instruments Act, 1881 against the accused in
respect of alleged dishonour of cheque issued for a sum of Rs.3,50,000/-.
The accused upon service of summons has pleaded not guilty and the
trial took place and the trial court convicted the accused for the said
offence by imposing double the cheque amount as compensation in a
sum of Rs.7,00,000/- and also to undergo simple imprisonment for a
period of 6 months and in default to undergo further simple
imprisonment for a period of 1 month vide judgment dated 14.08.2014.
The copy of the Judgment is herewith enclosed as Document No.2.

5. The Appellant being aggrieved by the said Judgment of conviction

and sentence passed, has preferred Criminal Appeal before the Court of
the District Civil and Sessions Judge, at Bangalore in Criminal Appeal
No.850/2014, That the appeal was admitted and sentence was
suspended by the first appellate court by imposing the condition that the
Appellant has to deposit 50% of the compensation amount and has to
execute personal bond for a sum of Rs.10, 000/- with a surety for like
sum. The copy of the appeal memo and Application is herewith enclosed
as Document No.3 & 4.

6. The petitioner has approached this Hon’ble Court to set-aside the

condition imposed on the Appellant in so far as it relates to deposit of 50%
of the compensation amount as the same is extremely harsh and
unreasonable and unrealistic condition and also contrary to the ruling of
Apex Court on the following among other grounds to be urged at the time of
hearing.

4
 GROUNDS

1. The impugned order passed by the first appellate Court in directing

the Appellant to deposit of 50% of the compensation amount to avail the
benefit of suspension of the sentence is illegal, arbitrary, erroneous,
capricious and contrary to law.

2. The impugned order passed by the first appellate Court is too

harsh, unreasonable and unrealistic when looked into the facts and
circumstances of the case.

3. That the condition so imposed by the trial court amounts to denial

of the right of the Appellant to get the suspension of the sentence. The
said condition is contrary to the probabilities of the case.

4. That the appellate court has failed to consider the decision

rendered in Dilip S. Dahanukar Vs. Kotak Mahindra Co. Ltd.& Anr
in imposing the condition to suspend the sentence of conviction of the
learned magistrate and the same is contrary to law.

5. The Appellant is sole bread earner of his family and has got two
minor daughters who are school going and there is no other person to
take care of them except his wife and if the Appellant is not released in
pursuance to the order of the appellate court by reducing the deposit of
the compensation amount, the Appellant will suffer irreparable loss,
hardship and inconvenience and the very purpose of filing the statutory
appeal becomes infructuous.

6. The first appellate court while imposing the condition for

suspending the sentence has not mentioned the time frame within which
it has to be complied.

7. That the compensation awarded by the learned magistrate is

double the cheque amount and also imprisonment for six months which
is too harsh and the liberty of the Appellant is curtailed.

8. That the condition so imposed by the learned appellate court for

suspending the sentence is also not reasonable as the said condition
amounts to deposit of the entire cheque amount and does not meet the
principles of natural justice.

WHEREFORE, the petitioner pray that this Hon’ble Court be pleased

to set aside the condition to deposit of 50% of the compensation

5
amount in order to avail the suspension of sentence passed by the
Hon'ble District Civil and Sessions Judge, at Bangalore, on Interlocutory
Application filed by the petitioner under Section 389 (1) of Code of
Criminal Procedure in Criminal Appeal No.850/2014, in the interest of
justice and equity.

Bangalore,
Date: 24.11.2014 Advocate for Petitioner

6
 IN THE HIGH COURT OF KARNATAKA: AT BANGALORE.

Criminal Petition No. /2014

BETWEEN: -

Sri. Vishwas Petitioner

And:-

Sri Abhishek, Respondent

INDEX

Sl. Particulars Page

No No.
.
1 I.A.No.I for stay of condition to deposit 50% of the

compensation in the order of suspension of sentence

in Criminal Appeal No.106/2014

2 Memorandum of facts

Bangalore,
Date: 24.11.2014 Advocate for Petitioner

7
 IN THE HIGH COURT OF KARNATAKA: AT BANGALORE.

Criminal Petition No. /2014

RANK OF PARTIES IN

BETWEEN: - Trial Court/Appellate court/High Court

Sri. Vishwas
W/o Sudesh Kumar,
Aged about 31 years,
Residing at No.A/18,
1st Main, 2nd Cross,
Vidyanagar,
Bangalore - 577005. … Accused/Appellant /Petitioner

And:-

Sri Abhishek,
S/o Hanumanthappa,
Aged about 35 years,
Residing at 1st Cross,
Gandhinagara,
Bangalore – 577512 Complainant/Respondent/ Respondent

APPLICATION UNDER SECTION 482 OF THE CODE OF CRIMINAL

PROCEDURE
That for the reasons sworn to in the accompanying memorandum
of facts the petitioner most humbly prays that this Hon'ble Court be
pleased to stay the condition to deposit 50% of the compensation in
Criminal Appeal No. 850/2014, pending adjudication on the file of
District Civil and Sessions Judge pending disposal of the above petition
in the interest of justice and equity.

Bangalore,
Date: 24.11.2014 Advocate for Petitioner

8
 IN THE HIGH COURT OF KARNATAKA: AT BANGALORE.

Criminal Petition No. /2014

BETWEEN: -

Sri. Vishwas Petitioner

AND:-

Sri Abhishek, Respondent

MEMORANDUM OF FACTS

I, ___________ Advocate No._____, 2nd Floor, ___________ Complex, 5th

Main, Gandhinagar, Bangalore – 560 009, do here solemnly state as
follows: -
1. I state that I am the counsel appearing for the petitioner in the
above case.
2. I state that the petitioner has filed the above petition seeking to set-
aside the condition in so far as it relates to deposit of 50% of the
compensation amount passed by the learned District Civil and Sessions
Judge, at Bangalore in Criminal Appeal No. 850/2014 on application
filed under Section 389 (1) Cr.P.C vide order dated 14.08.2014.. That the
said condition imposed by the learned appellate court is not reasonable
in the circumstances of the case, as the complaint itself was filed against
cheque which was issued for Rs.3,50,000/-.
3. That the appellate court has not used its discretion judiciously
while imposing the condition and the said deposit would amount to
payment of the entire cheque amount. That the petitioner is unable to
comply with the said condition, as it is too harsh and unrealistic. That
the very purpose of availing the statutory appeal is defeated by imposing
such strict condition.
4. That the petitioner has got good case on merits before the appellate
court and the appellate court while suspending the sentence till the
conclusion of the appeal has not fixed any time limit to comply the
conditions.
5. That if the said condition to deposit 50% of the compensation is not
stayed, the very purpose of filing the appeal and this petition becomes
infructuous and the petitioner will be put to irreparable loss and
hardship.

WHEREFORE, the petitioner prays that this Hon’ble Court be

pleased to stay condition to deposit 50% of the compensation in Criminal
9
Appeal No. 850/2014, pending adjudication on the file of District
Civil and Sessions Judge pending disposal of the above petition in the
interest of justice and equity.

Bangalore,
Date: 24.11.2014 Advocate for Petitioner

10