SANJAY P. S. Vs. ABHISHEK M.

JUDGEMENT

(1.) The petitioner is before this Court calling in question order dtd. 17/6/2023 passed by the LXIV Additional City Civil and Sessions Judge, Bengaluru in Criminal Revision Petition No.527 of 2022 directing the petitioner to pay 10% of cheque amount to the respondent within 60 days from the date of the order.

(2.) Heard Sri Jaysham Jayasimha Rao, learned counsel appearing for the petitioner.

(3.) Facts, in brief, germane are as follows:- The petitioner is the accused and the respondent is the complainant. The two have a transaction. The transaction is of Rs.37,50,000.00 in total. The transaction leads to issuing of certain cheques by the petitioner in favour of the complainant. The cheques when presented, were dishonoured, on the score that instruction to the bankers was 'stop payment'. The dishonouring of cheques leads to the complainant taking steps under the Negotiable Instruments Act , 1881 ('the Act' for short) by causing legal notice upon the petitioner. The reply to the notice was submitted by the petitioner. It is then the complainant invokes the jurisdiction of the criminal Court by filing a private complaint before the 4th Additional Chief Metropolitan Magistrate at Bengaluru in P.C.R.No.7249 of 2020 under Sec. 200 of the Cr.P.C. for offences punishable under Sec. 138 of the Act. The learned Magistrate takes cognizance upon the complaint and registers a criminal case in C.C.No.23021 of 2021 for offences punishable under Sec. 138 of the Act.