V. NAGARAJAN Vs. V. MANICKAM

JUDGEMENT

(1.) This petition has been filed challenging the order passed by the Court below dismissing the application filed by the petitioner under Sec. 143 (A) of Negotiable Instruments Act.

(2.) The petitioner is the complainant who is filed a complaint against the respondent for an offence under Sec. 138 of Negotiable Instruments Act. The petitioner filed an application under Sec. 143 (A) of Negotiable Instruments Act for a direction to the respondent to deposit an interim compensation of 20% of the cheque amount. The Court below has dismissed the application by an order dtd. 2/12/2020. Aggrieved by the same, the present petition has been filed before this Court.

(3.) The learned counsel for the petitioner submitted that the Court below failed to exercise its discretion given under Sec. 143 (A) of the Negotiable Instruments Act and it has wrongly interpreted the order passed by this Court in Crl.O.P.15438 and 15440 of 2019, dtd. 12/7/2019. The learned counsel submitted that this Court had only given some illustrative cases which were not exhaustive and the Court below had attempted to bring the facts of this case within the illustrations and failed to properly exercise its discretion vested under Sec. 143 (A) of the Negotiable Instruments Act. The learned counsel therefore submitted that the order of the Court below requires interference of this Court.