Karnataka High Court
WP/12648/2026 of SRI NIZAR AHMED Vs MR GANESH PRASAD BHANDARKAR on 21 July 2026
CNR: KAHC010275952026 NC: 2026:KHC:37740 WP No. 12648 of 2026 C/W WP No. 12655 of 2026 WP No. 12658 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 12648 OF 2026 (GM-RES) C/W WRIT
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JULY, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 12648 OF 2026 (GM-RES)
C/W
WRIT PETITION NO. 12655 OF 2026 (GM-RES)
WRIT PETITION NO. 12658 OF 2026 (GM-RES)
IN WP No. 12648/2026
BETWEEN:
SRI. NIZAR AHMED,
AGED ABOUT 45 YEARS,
S/O ABBAS ABBU,
FLAT NO.105/205,
NORTHERN SKY CITY TOWER B,
NH 66, UJJODI, PUMPWELL,
MANGALORE - 575 002.
…PETITIONER
(BY SRI. S.RAJASHEKAR., ADVOCATE)
AND:
MR. GANESH PRASAD BHANDARKAR,
S/O. GOKULDAS BHANDARKAR,
AGED ABOUT 27 YEARS,
R/AT "SRI. GANESH PRASAD",
KASHIBETTU,
UJIRE VILLAGE AND POST,
BELTHANGADY TALUK, D.K.
REPRESENTED BY GPA HOLDER
(AS PER COMPLAINT),
GOKULDAS BHANDARKAR,
AGED ABOUT 53 YEARS,
Digitally
signed by
PADMAVATHI
B K
Location:
High Court of
Karnataka
HC-KAR
S/O.B.PANDURANGA BHANDARKAR,
R/AT SRI GANESH PRASAD,
KASHIBETTU, UJIRE VILLAGE AND POST,
BELTHANGADY TALUK - 574 214.
…RESPONDENT
(BY SRI. P.P.HEGDE, SENIOR COUNSEL FOR
SRI.PRUTHVIRAJ S., ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA R/W SECTION 528 OF BNS
PRAYING TO QUASH THE IMPUGNED ORDER DATED 02-02- 2026 PASSED BY THE LEARNED II ADDL. DISTRICT AND
SESSIONS JUDGE, D.K. MANGALURU ON I.A. NO.1 IN CRL.A.
NO.49/2026 VIDE ANNEXURE - D, INSOFAR AS IT IMPOSES
THE CONDITION DIRECTING THE PETITIONER-ACCUSED TO
DEPOSIT 20 PERCENT OF THE FINE AMOUNT OF RS.
5,28,96,000/- (RUPEES FIVE CRORES TWENTY EIGHT LAKHS
NINETY
SIX
THOUSAND
ONLY)
FOR
SUSPENSION
OF
SENTENCE DATED 05-01-2026 PASSED IN C.C NO.265/2023
VIDE ANNEXURE - B AND ETC.,
IN WP NO. 12655/2026
BETWEEN:
SRI. NIZAR AHMED,
AGED ABOUT 45 YEARS,
S/O ABBAS ABBU,
FLAT NO.105/205,
NORTHERN SKY CITY TOWER B,
NH 66, UJJODI, PUMPWELL,
MANGALORE - 575 002.
…PETITIONER
(BY SRI. S.RAJASHEKAR., ADVOCATE)
HC-KAR
AND:
M/S. BHANDARKAR CONSTRUCTIONS,
UJIRE VILLAGE AND POST,
BELTHANGADY TALUK,
REPRESENTED BY MANAGING PARTNER,
MR. GOKULDAS BHANDARKAR,
AGED ABOUT 53 YEARS,
S/O.PANDURANGA BHANDARKAR,
R/AT SRI. GANESH PRASAD,
KASHIBETTU, UJIRE POST,
BELTHANGADY TALUK - 574 214.
...RESPONDENT
(BY SRI. P.P.HEGDE, SENIOR COUNSEL FOR
SRI.PRUTHVIRAJ S., ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA R/W SECTION 528 OF BNS
PRAYING TO A. ISSUE A WRIT OF CERTIORARI OR ANY
APPROPRIATE
OTHER
WRIT/ORDERS,
QUASHING
THE
IMPUGNED ORDER DATED 02-02-2026 PASSED BY THE
LEARNED II ADDI. DISTRICT AND SESSIONS JUDGE, D.K.
MANGALURU ON I.A. NO.1 IN CRI.A. NO.50/2026 VIDE
ANNEXURE-D, INSOFAR AS IT IMPOSES THE CONDITION
DIRECTING
THE
PETITIONER-ACCUSED
TO
DEPOSIT
20PERCENT OF THE FINE AMOUNT OF RS. 2,65,18,000/- (RUPEES
TWO
CRORES
SIXTY
FIVE
LAKHS
EIGHTEEN
THOUSAND ONLY) FOR SUSPENSION OF SENTENCE DATED 05- 01-2026 PASSED IN C.C NO.264/2023 VIDE ANNEXURE-B AND
ETC.,
HC-KAR
IN WP NO. 12658/2026:
BETWEEN:
SRI. NIZAR AHMED,
AGED ABOUT 45 YEARS,
S/O ABBAS ABBU,
FLAT NO.105/205,
NORTHERN SKY CITY TOWER B,
NH 66, UJJODI,
PUMPWELL,MANGALORE - 575 002.
…PETITIONER
(BY SRI. S.RAJASHEKAR., ADVOCATE)
AND:
MR. GOKULDAS BHANDARKAR,
AGED ABOUT 53 YEARS,
S/O.PANDURANGA
BHANDARKAR, R/AT SRI GANESH PRASAD,
KASHIBETTU, UJIRE VILLAGE AND POST
BELTHANGADY TALUK, D.K - 574214
...RESPONDENT
(BY SRI. P.P.HEGDE, SENIOR COUNSEL FOR
SRI.PRUTHVIRAJ S., ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA R/W SECTION 528 OF BNS
PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY
APPROPRIATE
OTHER
WRIT/ORDERS,
QUASHING
THE
IMPUGNED ORDER DATED 02-02-2026 PASSED BY THE
LEARNED II ADDL. DISTRICT AND SESSIONS JUDGE, D.K.
MANGALURU ON 1.A. NO.1 IN CRI.A. NO.48/2026 VIDE
ANNEXURE-D, INSOFAR AS IT IMPOSES THE CONDITION
DIRECTING
THE
PETITIONER-ACCUSED
TO
DEPOSIT
20PERCENT OF THE FINE AMOUNT OF RS. 5,95,37,000/-
HC-KAR
(RUPEES FIVE CRORES NINETY FIVE LAKHS THIRTY SEVEN
THOUSAND ONLY) FOR SUSPENSION OF SENTENCE DATED 05- 01-2026 PASSED IN C.C NO. 266/2023 VIDE ANNEXURE-B AND
ETC.,
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
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ORAL ORDER
The parties to the lis in these three cases are one and the same. The issue is one and the same. The instruments are different, three cheques. The petitioner gets convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (NI Act for short). In all, for an amount of Rs.13 crores.
2. The petitioner files an appeal before the appellate Court. The appellate Court suspends the sentence subject to the condition that the petitioner should deposit 20% of the amount as obtaining under
HC-KAR
Section 148 of the NI Act. Challenging the said order, the petitioner is before this Court.
3. The learned counsel for the petitioner submits that there is no reason rendered in the order for the order to be sustained, as it runs foul of the judgment of the Apex Court. The learned counsel would further submit that in the alternative, if reasonable time is granted, a deposit could be made before the concerned Court.
4. Learned Senior Counsel P. P. Hegde would submit that the petitioner's mandate of the statute cannot be stifled by the request of the learned counsel appearing for the petitioner in directing amount to be paid in a staggered manner. Be that as it may.
5. In the peculiar circumstances, I deem it appropriate to permit the petitioner to deposit the said amount in two installments, 10% in 3 weeks from today
HC-KAR
and another 10% in the next 3 weeks from the expiry of said 3 weeks.
In the event, the petitioner would not comply with the said deposit, it is open to the concerned Court to pass necessary orders unleashing the coercive arm of law.
Ordered accordingly and petitions stand disposed of.
Sd/- (M.NAGAPRASANNA) JUDGE
BSV List No.: 2 Sl No.: 13