M. RAME GOWDA Vs. A. ARUN KUMAR

JUDGEMENT

(1.) The petitioner is before this Court calling in question an order dtd. 18/5/2023 by which the Principal Senior Civil Judge and CJM at Kolar in C.C.No.901/2021 passes an order under Sec. 143(A) of the Negotiable Instruments Act, 1881 ('Act' for short), directing the petitioner to pay 20% of the cheque amount within sixty days from the said date.

(2.) Heard Sri. Muniyappa, learned counsel appearing for the petitioner and Sri. Ravi H.K., learned counsel appearing for the respondent.

(3.) The petitioner is the accused and the respondent is the complainant. They two have a transaction. The transaction having gone wrong leads the complainant to the concerned Court invoking under Sec. 200 of the Cr.P.C for offences punishable under Sec. 138 of the Act. The issue is not with regard to the merit of the matter. The complainant files an application before the concerned Court seeking 20% of the cheque amount to be paid to him as interim compensation, as obtaining under Sec. 143(A) of the Act. The concerned Court noticing the fact that the petitioner has not been diligent in prosecuting the petition passes an order, impugned in the petition, directing payment of the said amount. The moment the order is passed, the petitioner is before this Court calling the same in question.