HITENDRA Vs. SHANKAR

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent, heard finally.

(2.) Present petition has been filed under Article 226 and 227 of Constitution of India challenging the order passed by learned Additional Sessions Judge, Parbhani in Criminal Revision Petition No.132 of 2019, dated 01-11-2019.

(3.) The factual matrix leading to the present petition are that, the petitioner is the original complainant who has filed private complaint bearing Summary Criminal Case No.930 of 2017 before learned Judicial Magistrate, First Class, Parbhani, alleging that the present respondent No.1 has committed offence punishable under Section 138 of the Negotiable Instruments Act. The present petitioner filed application at Exhibit 52 before the learned Judicial Magistrate, First Class, Parbhani with a prayer to direct the accused to pay/ deposit 20 % of the amount of the cheque in view of provisions under Section 143-A of the Negotiable Instruments Act. The said application was partly allowed by the learned Magistrate on 19-07- 2019 to the extent of directing accused to deposit 10 % of the cheque amount.