Karnataka High Court
Sri. Srihari vs Sri. Sunil on 4 December, 2023
Author: K Natarajan
Bench: K Natarajan
-1-
NC: 2023:KHC-K:8962
CRL.P No. 201659 of 2019
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE K NATARAJAN
CRIMINAL PETITION NO.201659 OF 2019 (482)
BETWEEN:
SRI. SRIHARI S/O SUDHAKAR ATHALYE,
AGE: 54 YEARS, OCC: PASSPORT CONSULTANT
SERVICE,
R/O: RAJENDRA NAGAR, BEHIND KHB COLONY,
SOLAPUR ROAD, VIJAYAPURA-586101.
...PETITIONER
(BY SRI. SUDARSHAN M, ADVOCATE)
AND:
SRI. SUNIL S/O DIGMBAR KAMBLE,
AGE: 56 YEARS, OCC: AGRI AND BUSINESS,
R/O: 39/8, RAILWAY LINES,
Digitally SOLAPUR(MAHARASTRA)
signed by B
NAGAVENI 413001.
Location: ...RESPONDENT
High Court (NOTICE TO RESPONDENT SERVED)
Of
Karnataka THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C., PRAYING TO DIRECT THE COURT BELOW TO
DISPOSE OF THE APPLICATION DATED 10.06.2019 FILED
UNDER SECTION 143-A OF N.I.ACT, SEEKING DIRECTION TO
THE ACCUSED FOR PAYING INTERIM COMPENSATION 20% OF
THE CHEQUE AMOUNT, PENDING CONSIDERATION IN
C.C.NO.6921/2017 ON THE FILE OF JMFC IST COURT,
VIJAYAPUR, WITHIN TWO MONTHS, VIDE ANNEXURE-D AND
ETC.,
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
-2-
NC: 2023:KHC-K:8962
CRL.P No. 201659 of 2019
ORDER
This petition is filed by the petitioner - accused under
Section 482 of Cr.P.C. for quashing the impugned order
passed by the I Addl. Civil Judge and JMFC, at Vijayapur,
for having directed the petitioner to deposit 20% of the
cheque amount on the application filed by the respondent
under 143 (A) of N.I. Act.
02. Heard the learned counsel for the petitioner.
Notice issued to respondent though served, but un-
represented.
03. The case of the petitioner is that the respondent
has filed private complaint under Section 200 of Cr.P.C.
During the pendency of the case, the respondent has filed
an application under Section 143(A) of N.I. Act, for
granting an interim compensation, which came to be
allowed. Hence, the petitioner is before this Court.
NC: 2023:KHC-K:8962
04. The learned counsel for the petitioner submits
that the Amendment Act to the N.I. Act Section 143 (A)
was came into force in the year 2019, whereas the case is
pertains to 2016. Therefore, the Amendment is not
applicable to the case on hand. Hence, prayed for allowing
the petition.
05. This Court in the earlier connected cases in
Crl.P.No.201658/2019 and Crl.P.No.201660/2019 filed by
the same petitioner, has already dismissed those two
petitions on 19.03.2020. This Court has relied upon the
judgment of the Hon'ble Supreme Court in the cases of
G.J. Raja vs. Teujraj Surana, reported in 2019 CRI.L.J.
4267 and Surinder Singh Deswal and Others vs.
Virender Gandhi, reported in AIR 2019 SC 2956,
where the Hon'ble Supreme Court has held that the
procedure is retrospective in nature.
NC: 2023:KHC-K:8962
06. Considering the facts and circumstances of the
case, I am of the view that the Trial Court has not
committed error in allowing the application filed by the
respondent for directing the petitioner to deposit 20% of
the cheque amount. In view of the same, the petitioner is
already approached before this Court in the connected
matters in Crl.P.No.201658/2019 and Crl.P.No.
201660/2019 disposed of on 19.03.2020, this petition is
liable to be dismissed. Accordingly, I proceed to pass the
following;
ORDER
The petition filed by the petitioner is hereby
dismissed.
In view of the dismissal of the main petition, the
pending I.A.No.1/2020, does not survive for consideration,
hence, the same is also dismissed.
Sd/-
JUDGE
KJJ
CT:SI
