MURALI Vs. VENKATESHAPPA

JUDGEMENT

(1.) The petitioner is before this Court calling in question two orders passed by the II Additional Senior Civil Judge and JMFC, Kolar - one dtd. 10/1/2022 under Sec. 143A of the Negotiable Instruments Act, 1881 ('the Act' for short) and the other dtd. 11/7/2022 rejecting the application filed by the petitioner under Sec. 311 of the CrPC.

(2.) Heard Sri B. Keshava Murthy, learned counsel for the petitioner and Sri A.V.Ananda, learned counsel for the respondent.

(3.) Facts germane for consideration of the lis succinctly stated are as follows:- Respondent is the complainant and the petitioner is the accused. The petitioner and the respondent had certain transaction which leads the petitioner giving an instrument i.e., a cheque for an amount of Rs.10.00 lakhs. The cheque having been presented for its realization is returned by the Bank for want of sufficient funds. Statutory notice being issued and all legal requirements being complied with, the complainant registers a crime invoking Sec. 200 of the CrPC in P.C.R.No.327 of 2021 and the learned Magistrate takes cognizance of the offence and registers a criminal case in C.C.No.1926 of 2021. The issue in the case at hand is not with regard to merit of the matter. In the said proceedings, the complainant prefers an application under Sec. 143A of the Act seeking interim compensation to the tune of 20% as is available under Sec. 143A of the Act.