BHARATHI B.N. Vs. ASHA

JUDGEMENT

(1.) The petitioner is before this Court calling in question an order passed by the learned Sessions Judge in Crl.R.P.No.472/2021 dtd. 15/3/2022 as well as the order passed by the learned Magistrate in C.C.No.561/2019 dtd. 29/9/2021, whereby the learned Magistrate had allowed an application filed by the complainant under Sec. 143A of the Negotiable Instruments Act, 1881 (for short 'NI Act ') and had directed payment of 10% of the cheque amount as interim compensation.

(2.) Heard Sri.Karthik Venkatesh, learned counsel appearing for the petitioner and the learned counsel Sri.Anjan Kumar B.N., appearing for the respondent.

(3.) Sans details, the facts in brief, are as follows:- The petitioner and respondent generate a dispute out of a transaction, which becomes an alleged offence under Sec. 138 of the NI Act. The respondent - complainant registers a complaint invoking Sec. 200 of Cr.P.C., before the learned Magistrate for offences punishable under Ss. 138 and 142 of the NI Act. The issue is not with regard to the merit of the matter. The complainant files an application before the concerned Court under Sec. 143A of the NI Act seeking interim compensation in terms of the statue.