Sri Shivarame Gowda vs Sri Thimmachar
2023 Latest Caselaw 666 Kant

                             1

      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 10TH DAY OF JANUARY, 2023

                           BEFORE

            THE HON'BLE MR. JUSTICE K.NATARAJAN

            CRIMINAL PETITION NO.12154 OF 2022

BETWEEN

SRI SHIVARAME GOWDA
S/O LATE KENCHEGOWDA
AGED ABOUT 38 YEARS
R/AT NO 271, K.S.C.B QUARTERS
4TH BLOCK, JAI BHUVANESHWARI NAGAR
NANDINI LAYOUT
BANGALORE 560096                           ... PETITIONER

(BY SRI NAIK RAMACHANDRA RAMA, ADVOCATE)

AND

SRI THIMMACHAR
S/O LT GIRIYACHAR
AGED 58 YEARS
R/AT NO 2017/4, 2ND MAIN ROAD
3RD CROSS, PRASANTH NAGAR
NEAR PIPELINE
T DARSARAHALLI
BANGALORE 560057                          ... RESPONDENT


(V/O DATED 10.01.2023 ISSUANCE OF
NOTICE TO RESPONDENT IS DISPENSED WITH)


     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
THE CODE OF CRIMINAL PROCEDURE, PRAYING TO SET ASIDE
IMPUGNED JUDGMENT AND ORDER DATED 25.02.2021 PASSED BY
THE LEARNED XX ACMM, BANGALORE ON APPLICATION UNDER
SECTION 143-A OF N.I ACT IN C.C.NO.23117/2019.

      THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
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                                 ORDER

This petition filed by the petitioner under section 482

of Cr.P.C for quashing the order of issuing FLW in

Crl.Misc.No.2867/2022 for recovery of the interim

compensation ordered by Magistrate in CC No.23117/2019

by issuing FLW under section 421 of Cr.P.C.

2. Heard the learned counsel for the petitioner.

Issuing notice to respondent No.2 is dispensed with.

3. Having heard learned counsel for the petitioner

perused the record, the petitioner facing the criminal

prosecution under section 139 of Negotiable Instruments Act,

1881, (NI Act) where he has not pleaded guilty. Later the

trial Court imposed the condition to deposit 10% of the

cheque amount as interim compensation under section

143(A) of NI Act vide order dated 25.02.2021. As per the

provisions of Section 143-A, the Magistrate has power to

grant interim compensation upto 20% of the cheque amount.

However, the trial court imposed only 10% of compensation

amount and one month time prescribed under section

143(2)-A and another 30 days by condoning the delay in

depositing the amount. Now the petitioner not deposited the

amount from more than 10 months. Thereafter, the

complainant filed separate proceedings, miscellaneous case

for recovery of the compensation as fine amount under

section 421 of Cr.P.C, in that case the trial court issued FLW

for recovery of the compensation as per 421 of Cr.P.C.

4. Considering the facts and circumstances of this

case, this court in various cases has held that the magistrate

has power to impose 20% of the cheque amount, as interim

compensation and First Appellate court also imposed 25% of

the fine amount as interim compensation while suspending

the sentence. Such being the case, I do not find any infirmity

in the order passed by the Trial Court in passing order under

section 143 A of NI Act and also for non payment issuing of

the FLW. Therefore petition is devoid of merits and liable to

be dismissed.

Accordingly, this petition is dismissed.

Sd/-

JUDGE

AKV