B.LAKSHMANA Vs. T.MAHALINGAIAH

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the respondent.

(2.) In this petition under section 482 of Cr.P.C, the petitioner has sought quashing of the order dated 4.9.2021 passed in C.C.1563/2019 on the file XXIV ASCJ and ACMM, Bengaluru. The facts are that the respondent initiated proceedings under section 138 of the Negotiable Instruments Act (for short 'the Act ') against the petitioner as the cheque issued by the latter for Rs.15,40,000/- was dishonoured. In the course of the proceedings, the second respondent made an application under section 143A of the Act for a direction to the petitioner to pay compensation equal to 20% of the cheque amount, but the trial court after considering the statement of objections directed the petitioner to deposit 10% of the cheque amount within 60 days from the date of that order. The petitioner did not deposit the amount. It appears that the petitioner made an application seeking extension of time to make the deposit and the court allowed the said application and granted extension by another 15 days. Yet the petitioner did not deposit the amount.

(3.) Learned counsel for the petitioner submits that as the courts came to be closed because of Covid-19, the petitioner could not make the deposit. On 4.9.2021 the case was posted for further cross- examination of PW1. The complainant was absent on that date. But, the petitioner being the accused was present in the Court Hall. The court noticing the fact that the petitioner had not deposited the amount in accordance with the order dated 27.1.2019, passed an order to register miscellaneous case under section 421 Cr.P.C for recovering the compensation money to be paid in accordance with section 143A of the Act and then posted the case for recording the statement of the accused under section 313 Cr.P.C. On the same day, the statement was recorded and now the case is posted for defence evidence.