Sri Shivarame Gowda vs Sri Thimmachar on 10 January, 2023

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Karnataka High Court

Sri Shivarame Gowda vs Sri Thimmachar on 10 January, 2023

Bench: K.Natarajan

                             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:
                                     2

                                 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 3 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

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Karnataka High Court