LAWS(KAR)-2022-6-1488

PADMANABHA T. G. Vs. RADICAL WORKS PRIVATE LIMITED

Decided On June 29, 2022
Padmanabha T. G. Appellant
V/S
Radical Works Private Limited Respondents

JUDGEMENT

(1.) The petitioner is before this Court calling in question the entire proceedings in C.C.No.174242/2020 as also the order dtd. 9/11/2021, directing the petitioner to pay 10% of the Cheque amount involved in the transaction.

(2.) Heard the learned Senior counsel, Sri D.R. Ravishankar, appearing for the petitioner and the learned Senior counsel, Sri. Murthy D. Naik appearing for the respondent.

(3.) Learned Senior counsel Sri D.R.Ravishankar appearing for the petitioner would submit that though he has challenged the entire proceedings, he would restrict his challenge insofar as the order dtd. 9/11/2021, by which the learned Magistrate directs payment of 10% of the amount of the instrument - cheque in terms of Sec. 143-A of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the said Act' for short). Without prejudice or reserving liberty to urge all the contentions that are urged in support of the challenge to the entire proceedings before the learned Magistrate. Learned senior counsel would further contend that giving up the challenge should not become an impediment while calling in question the impugned proceedings at later point in time.