SRI DR S B VIKRAM vs SRI B VENKATESH
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:58981
CRL.P No. 14716 of 2026
C/W CRL.P No. 14722 of 2026
CRL.P No. 14738 of 2026
AND 7 OTHERS
CNR: KAHC010663522026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 16 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
CRIMINAL PETITION NO. 14716 OF 2026
C/W
CRIMINAL PETITION NO. 14722 OF 2026,
CRIMINAL PETITION NO. 14738 OF 2026,
CRIMINAL PETITION NO. 14764 OF 2026
CRIMINAL PETITION NO. 14772 OF 2026
CRIMINAL PETITION NO. 14774 OF 2026
CRIMINAL PETITION NO. 14777 OF 2026
CRIMINAL PETITION NO. 14781 OF 2026
CRIMINAL PETITION NO. 14784 OF 2026
CRIMINAL PETITION NO. 14785 OF 2026
IN CRL.P No. 14716/2026
BETWEEN:
SMT. RATHI VIKRAM,
W/O DR S.B.VIKRAM,
AGED ABOUT 53 YEARS,
R/AT NO 46, VIVEKANANDA ROAD,
YADAVGIRI, MYSORE - 570 020,
ALSO AT
NO.11, TEMPLE ROAD,
JAYALAKSHMIPURAM, MYSORE 570 012.
…PETITIONER
(BY SRI S JAGAN BABU,ADVOCATE)
Digitally Signed by ANANT
RAMNATH HEGDE
- 2 -
HC-KAR
NC: 2026:KHC:58981
CRL.P No. 14716 of 2026
C/W CRL.P No. 14722 of 2026
CRL.P No. 14738 of 2026
AND 7 OTHERS
CNR: KAHC010663522026
AND:
SRI B VENKATESH,
S/O. LATE B.K.RAMAN,
AGED ABOUT 70 YEARS,
R/AT.NO.404, GANGOTRI PRESIDENCY,
10TH CROSS, R.K.LAYOUT,
PADMANABHA NAGAR,
BENGALURU - 560070.
…RESPONDENT
(BY SRI MANEESHA KONGOVI,ADVOCATE)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528
BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING
THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET
ASIDE THE ORDER DATED 24.08.2026 PASSED BY THE CCH-62
LXI ADDL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU IN
CRL.A.NO.3462/2026.
IN CRL.P NO. 14722/2026
BETWEEN:
SRI DR S B VIKRAM,
S/O. DR.S.BHASKAR,
AGED ABOUT 57 YEARS,
R/AT NO 46, VIVEKANANDA ROAD,
YADAVGIRI, MYSORE 570 020.
ALSO AT
NO.11, TEMPLE ROAD, JAYALAKSHMIPURA
MYSORE - 570 012.
...PETITIONER
(BY SRI S JAGAN BABU.,ADVOCATE)
AND:
SMT NALINI SHESHADRI,
W/O N SHESHADRI,
AGED ABOUT 67 YEARS,
R/AT NO D 2001,
Digitally Signed by ANANT
RAMNATH HEGDE
- 3 -
HC-KAR
NC: 2026:KHC:58981
CRL.P No. 14716 of 2026
C/W CRL.P No. 14722 of 2026
CRL.P No. 14738 of 2026
AND 7 OTHERS
CNR: KAHC010663522026
MANTRI SERENITY,
OFF KANAKAPURA ROAD,
DODDAKALLASANDRA PO
BENGALURU 560062
...RESPONDENT
(BY SRI MANEESHA KONGOVI, ADVOCATE)
THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS)
BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT
THIS HONOURABLE COURT MAY BE PLEASED TO QUASH
THE ORDER DTD 24.08.2026 PASSED BY CCH-62 LXI
ADDL. CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU
IN CRL.A.NO.3470/2026.
IN CRL.P NO. 14738/2026
BETWEEN:
SMT. RATHI VIKRAM,
W/O. DR. S B VIKRAM,
AGED ABOUT 53 YEARS,
R/AT NO. 46, VIVEKANANDA ROAD,
YADAVGIRI, MYSORE - 570 020.
ALSO AT
NO.11, TEMPLE ROAD,
JAYALAKSHMIPURA, MYSORE 570 012.
...PETITIONER
(BY SRI S JAGAN BABU,ADVOCATE)
AND:
SRI.B.VENKATESH
S/O. LATE B.K.RAMAN,
AGED ABOUT 70 YEARS,
R/AT. NO. 404, GANGOTRI PRESIDENCY,
10TH CROSS, R.K.LAYOUT,
PADMANABHA NAGAR,
BENGALURU - 560 070.
Digitally Signed by ANANT
RAMNATH HEGDE
- 4 -
HC-KAR
NC: 2026:KHC:58981
CRL.P No. 14716 of 2026
C/W CRL.P No. 14722 of 2026
CRL.P No. 14738 of 2026
AND 7 OTHERS
CNR: KAHC010663522026
...RESPONDENT
(BY SRI. MANEESHA KONGOVI.,ADVOCATE)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528
BNSS) PRAYING THAT THIS HONOURABLE COURT MAY BE
PLEASED TO QUASH THE ORDER DATED 24.08.2026
PASSED BY CCH 62 LXI ADDL. CITY CIVIL AND SESSIONS
JUDGE AT BENGALURU IN CRIMINAL APPEAL
NO.3464/2026 AND IN CC.NO.11572/2018 ON THE FILE OF
XVI ADDL. CJM AT BENGALURU.
IN CRL.P NO. 14764/2026
BETWEEN:
SMT. RATHI VIKRAM,
W/O. DR. VIKRAM,
AGED ABOUT 53 YEARS,
R/AT 46, VIVEKANANDA ROAD, YADAVGIRI,
MYSORE - 570 020.
ALSO AT
NO.11, TEMPLE ROAD, JAYALAKSHMIPURAM,
MYSORE - 570 012.
...PETITIONER
(BY SRI S JAGAN BABU.,ADVOCATE)
AND:
SMT. NALINI SHESHADRI,
W/O. N. SHESHADRI,
AGED ABOUT 67 YEARS,
R/AT. D 2001,
MANTRI SERENITY,
OFF KANAKAPURA ROAD,
DODDAKALLASANDRA PO.
BENGALURU - 560062.
...RESPONDENT
(BY SRI. MANEESHA KONGOVI.,ADVOCATE)
Digitally Signed by ANANT
RAMNATH HEGDE
- 5 -
HC-KAR
NC: 2026:KHC:58981
CRL.P No. 14716 of 2026
C/W CRL.P No. 14722 of 2026
CRL.P No. 14738 of 2026
AND 7 OTHERS
CNR: KAHC010663522026
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528
BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING
THAT THIS HONOURABLE COURT MAY BE PLEASED TO
ALLOW THE PETITION AND SET ASIDE THE ORDER DATED
24.08.2026 PASSED BY LXI ADDL. CITY CIVIL AND
SESSIONS JUDGE AT BENGALURU CCH-62 IN CRIMINAL
APPEAL NO.3460/2026 AND IN CC.NO.9559/2018 ON THE
FILE OF XVI ADDL. CJM AT BENGALURU.
IN CRL.P NO. 14772/2026
BETWEEN:
SRI DR S B VIKRAM,
S/O. DR.S.BHASKAR,
AGED ABOUT 57 YEARS,
R/AT NO.46, VIVEKANANDA ROAD,
YADAVGIRI, MYSORE 570 020.
ALSO AT
NO.11, TEMPLE ROAD,
JAYALAKSHMIPURA, MYSORE - 570 012.
...PETITIONER
(BY SRI. S JAGAN BABU.,ADVOCATE)
AND:
SRI B VENKATESH
S/O. LATE B.K.RAMAN,
AGED ABOUT 70 YEARS,
R/AT.NO 404, GANGOTRI PRESIDENCY,
10TH CROSS, R.K.LAYOUT,
PADMANABHA NAGAR,
BENGALURU 560070.
...RESPONDENT
(BY SRI. MANEESHA KONGOVI.,ADVOCATE)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528
BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING
THAT THIS HONOURABLE COURT MAY BE PLEASED TO
Digitally Signed by ANANT
RAMNATH HEGDE
- 6 -
HC-KAR
NC: 2026:KHC:58981
CRL.P No. 14716 of 2026
C/W CRL.P No. 14722 of 2026
CRL.P No. 14738 of 2026
AND 7 OTHERS
CNR: KAHC010663522026
QUASH THE ORDER DATED 24.08.2026 PASSED BY CCH 62
LXI ADDL. CITY CIVIL AND SESSIONS JUDGE AT
BENGALURU IN CRIMINAL APPEAL NO.3466/2026 AND IN
CC.NO.11573/2018 ON THE FILE OF XVI ADDL. CJM AT
BENGALURU.
IN CRL.P NO. 14774/2026
BETWEEN:
SMT. RATHI VIKRAM
W/O. DR. VIKRAM,
AGED ABOUT 53 YEARS,
R/AT 46, VIVEKANANDA ROAD,
YADAVGIRI, MYSORE - 570 020.
ALSO ATNO.11, TEMPLE ROAD,
JAYALAKSHMIPURA, MYSORE - 570 012.
...PETITIONER
(BY SRI. S JAGAN BABU.,ADVOCATE)
AND:
SRI B VENKATESH
S/O. LATE B.K.RAMAN,
AGED ABOUT 70 YEARS,
R/AT. 404, GANGOTRI PRESIDENCY,
10THE CROSS, R.K.LAYOUT
PADMANABHA NAGAR,
BENGALURU -560 070.
...RESPONDENT
(BY SRI MANEESHA KONGOVI.,ADVOCATE)
THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528
BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING
THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET
ASIDE THE ORDER DATED 24.08.2026 PASSED BY LXI
ADDL.CITY CIVIL AND SESSIONS JUDGE CCH-62 AT
BENGALURU IN CRL.A NO.3465/2026 IN CC
NO.11571/2018 ON THE FILE OF THE XVI ADDL.CJM
Digitally Signed by ANANT
RAMNATH HEGDE
- 7 -
HC-KAR
NC: 2026:KHC:58981
CRL.P No. 14716 of 2026
C/W CRL.P No. 14722 of 2026
CRL.P No. 14738 of 2026
AND 7 OTHERS
CNR: KAHC010663522026
BENGALURU.
IN CRL.P NO. 14777/2026
BETWEEN:
SRI DR S B VIKRAM,
S/O. DR.S.BHASKAR,
AGED ABOUT 57 YEARS,
R/AT 46, VIVEKANANDA ROAD,
YADAVGIRI, MYSORE - 570 020.
ALSO AT
NO.11, TEMPLE ROAD,
JAYALAKSHMIPURAM,
MYSORE - 570 012.
...PETITIONER
(BY SRI. S JAGAN BABU.,ADVOCATE)
AND:
SMT NALINI SHESHADRI,
W/O. N. SHESHADRI,
AGED ABOUT 67 YEARS,
R/AT. NO.D 2001,
MANTRI SERENITY,
OFF KANAKAPURA ROAD,
DODDAKALLASANDRA PO.
BENGALURU - 560 062.
...RESPONDENT
(BY SRI MANEESHA KONGOVI.,ADVOCATE)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528
BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING
THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET
ASIDE THE ORDER DATED 24.08.2026 PASSED BY (CCH
62) LXI ADDL.CITY CIVIL AND SESSIONS JUDGE AT
BENGALURU IN CRL.A NO.3469/2026 IN CC NO.9438/2018
ON THE FILE OF THE XVI ADDL.CJM BENGALURU.
Digitally Signed by ANANT
RAMNATH HEGDE
- 8 -
HC-KAR
NC: 2026:KHC:58981
CRL.P No. 14716 of 2026
C/W CRL.P No. 14722 of 2026
CRL.P No. 14738 of 2026
AND 7 OTHERS
CNR: KAHC010663522026
IN CRL.P NO. 14781/2026
BETWEEN:
SRI DR S B VIKRAM
S/O. DR.S.BHASKAR,
AGED ABOUT 57 YEARS,
R/AT NO 46,
VIVEKANANDA ROAD,
YADAVGIRI,MYSORE 570 020.
ALSO AT
NO.11, TEMPLE ROAD,
JAYALAKSHMIPURAM, MYSORE 570 012.
...PETITIONER
(BY SRI. S JAGAN BABU.,ADVOCATE)
AND:
SRI B VENKATESH,
S/O. LATE B.K.RAMAN,
AGED ABOUT 70 YEARS,
R/AT. NO 404, GANGOTRI PRESIDENCY,
10TH CROSS, R.K.LAYOUT
PADMANABHA NAGAR,
BENGALURU 560070
...RESPONDENT
(BY SRI. MANEESHA KONGOVI.,ADVOCATE)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528
BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING
THAT THIS HONOURABLE COURT MAY BE PLEASED TO
QUASH THE ORDER DATED 24.08.2026 PASSED BY CCH 62
LXI ADDL. CITY CIVIL AND SESSIONS JUDGE AT
BENGALURU IN CRIMINAL APPEAL NO.3468/2026 AND IN
CC.NO.9439/2018 ON THE FILE OF XVI ADDL. CJM AT
BENGALURU.
Digitally Signed by ANANT
RAMNATH HEGDE
- 9 -
HC-KAR
NC: 2026:KHC:58981
CRL.P No. 14716 of 2026
C/W CRL.P No. 14722 of 2026
CRL.P No. 14738 of 2026
AND 7 OTHERS
CNR: KAHC010663522026
IN CRL.P NO. 14784/2026
BETWEEN:
SRI.DR.S.B.VIKRAM,
S/O. DR.S.BHASKAR,
AGED ABOUT 57 YEARS,
R/AT NO. 46, VIVEKANANDA ROAD,
YADAVGIRI, MYSORE 570 020.
ALSO AT NO.11, TEMPLE ROAD,
JAYALAKSHMIPURAM, MYSORE - 570 012.
...PETITIONER
(BY SRI. S JAGAN BABU.,ADVOCATE)
AND:
SRI.B.VENKATESH
S/O. LATE B.K.RAMAN,
AGED ABOUT 70 YEARS,
R/AT. NO. 404, GANGOTRI PRESIDENCY,
10TH CROSS, R.K.LAYOUT PADMANABHA NAGAR,
BENGALURU 560 070.
...RESPONDENT
(BY SRI MANEESHA KONGOVI.,ADVOCATE)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528
BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING
THAT THIS HONOURABLE COURT MAY BE PLEASED TO
QUASH THE ORDER DATED 24.08.2026 PASSED BY CCH 62
LXI ADDL. CITY CIVIL AND SESSIONS JUDGE AT
BENGALURU IN CRIMINAL A.NO.3467/2026 AND IN
CC.NO.11574/2018 ON THE FILE OF XVI ADDL. CJM AT
BENGALURU.
IN CRL.P NO. 14785/2026
BETWEEN:
SMT. RATHI VIKRAM,
W/O. DR. S.R VIKRAM,
Digitally Signed by ANANT
RAMNATH HEGDE
- 10 -
HC-KAR
NC: 2026:KHC:58981
CRL.P No. 14716 of 2026
C/W CRL.P No. 14722 of 2026
CRL.P No. 14738 of 2026
AND 7 OTHERS
CNR: KAHC010663522026
AGED ABOUT 53 YEARS,
R/AT NO. 46, VIVEKANANDA ROAD,
YADAVGIRI, MYSORE - 570 020.
ALSO AT
NO.11, TEMPLE ROAD,
JAYALAKSHMIPURAM, MYSORE - 570 012.
...PETITIONER
(BY SRI. S JAGAN BABU.,ADVOCATE)
AND:
SMT. NALINI SHESHADRI
W/O. N. SHESHADRI,
AGED ABOUT 67 YEARS,
R/AT. NO. D 2001, MANTRI SERENITY,
OFF KANAKAPURA ROAD,
DODDAKALLASANDRA PO.
BENGALURU 560 062.
...RESPONDENT
(BY SRI. MANEESHA KONGOVI.,ADVOCATE)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528
BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING
THAT THIS HONOURABLE COURT MAY BE PLEASED TO
QUASH THE ORDER DATED 24.08.2026 PASSED BY CCH 62
LXI ADDL. CITY CIVIL AND SESSIONS JUDGE AT
BENGALURU IN CRIMINAL APPEAL NO.3461/2026 AND IN
CC.NO.7320/2018 ON THE FILE OF XVI ADDL. CJM AT
BENGALURU.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
Digitally Signed by ANANT
RAMNATH HEGDE
- 11 -
HC-KAR
NC: 2026:KHC:58981
CRL.P No. 14716 of 2026
C/W CRL.P No. 14722 of 2026
CRL.P No. 14738 of 2026
AND 7 OTHERS
CNR: KAHC010663522026
ORAL ORDER
Heard the learned counsel appearing for the petitioner
and the learned counsel for the respondent.
2. These petitions are filed by the accused No.2
challenging the order passed by the Appellate Court imposing a
condition on the present petitioner who is the appellant before
the appellate Court while suspending the sentence for the
offence under Section 138 of the Negotiable Instruments
Act,1881.
3. In terms of the impugned order, the Appellate Court
has directed the appellant to deposit 25% of the fine amount.
The fine amount is double the cheque amount. Six weeks time
is granted to comply with the order.
4. The petitioner who is the appellant before the
Appellate Court contends that petitioner is not in a position to
deposit 25% of the amount as it would come to Rs.25,00,000/-
5. Learned counsel for the respondent would submit
that the respondents are senior citizens. They have invested
the amount long ago. Eight years has elapsed in securing the
Digitally Signed by ANANT
RAMNATH HEGDE
- 12 -
HC-KAR
NC: 2026:KHC:58981
CRL.P No. 14716 of 2026
C/W CRL.P No. 14722 of 2026
CRL.P No. 14738 of 2026
AND 7 OTHERS
CNR: KAHC010663522026
conviction and the petitioner is capable of making payment.
There is no financial hardship for the appellant and would urge
that the Appellate Court is justified in passing the impugned
orders.
6. Learned counsel for the petitioner by way of reply
would submit that the alleged payment by the complainants are
made to the Company and the petitioner is not a Company.
Petitioner is an individual and a cheque allegedly issued by the
individual is presented for encashment.
7. The Court has considered the contentions raised at
the Bar and perused the records.
8. Admittedly, double the cheque amount is imposed
as the fine and the same is ordered to be paid to the
complainant. The Court has also noticed that it has taken 8
years for the matter to be decided by the Trial Court.
9. As submitted by the learned counsel the petitioner,
each of the petitioners will have to deposit Rs.25,00,000/-.
Since a contention is raised that the amount is paid to the
Company and not to the petitioner, to balance the conflicting
Digitally Signed by ANANT
RAMNATH HEGDE
- 13 -
HC-KAR
NC: 2026:KHC:58981
CRL.P No. 14716 of 2026
C/W CRL.P No. 14722 of 2026
CRL.P No. 14738 of 2026
AND 7 OTHERS
CNR: KAHC010663522026
claims, the Court is the view that, subject to petitioner
undertaking to address the argument before the Appellate
Court within 2 months from today, the impugned order can be
modified.
10. Learned counsel for the petitioner submits that
appellant would address arguments before the Appellate Court
within 2 months from today without seeking any adjournment.
It is also submitted that in case the argument is not addressed
within 2 months and in case the petitioner seeks adjournment,
the benefit of interim order should not enure to the petitioners.
In the backdrop of the aforementioned submission, the
following order is passed:
ORDER
(i) The petition is disposed of .
(ii) Impugned orders are modified.
(ii) The petitioner shall deposit 20% of the cheque
amount (not the fine amount) within four weeks
from today before the Trial Court.
Digitally Signed by ANANT
RAMNATH HEGDE
- 14 -
HC-KAR
NC: 2026:KHC:58981
CRL.P No. 14716 of 2026
C/W CRL.P No. 14722 of 2026
CRL.P No. 14738 of 2026
AND 7 OTHERS
CNR: KAHC010663522026
(iii) The amount shall be kept in nationalized Bank for a
period of one year with auto renewal mandate.
(iv) At any rate, the petitioners shall not seek
adjournment beyond 2 months from the date of
final arguments. In case for any reason the
adjournment is sought by the petitioners, the
petitioners are not entitled to the benefit of interim
order.
(v) In case of scenario in para (iv), the Trial Court shall
proceed as if there is no suspension of sentence.
This direction to address the argument within 2
months is also issued considering the fact that the
respondents are the senior citizens.
Digitally Signed by ANANT
RAMNATH HEGDE
(ANANT RAMANATH HEGDE)
JUDGE
CHS
List No.: 2 Sl No.: 31