Criminal Petitioner challenged an interim compensation order under Section 143A of the Negotiable Instruments Act. The Court accepted submissions that proceedings were closed, holding the petition infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL.P No. 3213 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 3213 OF 2021
BETWEEN:
…PETITIONER
(BY SRI. VIJAY SHETTY B., ADVOCATE)
AND:
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
CRL.P No. 3213 of 2021
D/O LATE SRI.R.L.NARAYANASWAMY AND W/O SHANKARA, AGED ABOUT 45 YEARS, RESIDING AT J.J.COLONY, RAILWAY STATION ROAD, WARD NO.21, CHINTAMANI TOWN.
S/O LATE SRI.R.L.NARAYANASWAMY, AGED ABOUT 40 YEARS, RESIDING AT J.J.COLONY, RAILWAY STATION ROAD, WARD NO.21, CHINTAMANI TOWN, CHICKABALLAPUR DISTRICT – 563 125.
1(d) NARASIMHA,
S/O LATE SRI.R.L.NARAYANASWAMY & YERRAMMA (SECOND WIFE), AGED ABOUT 40 YEARS, RESIDING AT J.J.COLONY, RAILWAY STATION ROAD, WARD NO.21, CHINTAMANI TOWN, CHICKABALLAPUR DISTRICT – 563 125.
1(e) RAJAMMA, D/O LATE SRI.R.L.NARAYANASWAMY & YERRAMMA (SECOND WIFE), W/O RAMESH, AGED ABOUT 35 YEARS, RESIDING AT J.J.COLONY, RAILWAY STATION ROAD, WARD NO.21, CHINTAMANI TOWN, CHICKABALLAPUR DISTRICT – 563 125.
…RESPONDENTS
CRL.P No. 3213 of 2021
(BY SRI.M.R.NANJUNDA GOWDA, ADVOCATE FOR R1(a- e))
THIS CRL.P. IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ORDER PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC, CHINTAMANI IN C.C.NO.200/2019 DATED 16.02.2021 IN ALLOWING THE APPLICATION FILED BY THE RESPONDENT HEREIN U/S 143A OF N.I ACT BY DIRECTING THE PETITIONER HEREIN TO PAY THE INTERIM COMPENSATION OF 20 PERCENT OF THE CHEQUE AMOUNT TO THE RESPONDENT HEREIN WITHIN 60 DAYS FROM THE DATE OF THE ORDER, AND TO REMAND THE MATTER BACK TO THE TRIAL COURT OR OTHERWISE, FOR FRESH DISPOSAL IN ACCORDANCE WITH LAW.
THIS CRL.P. COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
What was called in question in the case at hand is an order passed under Section 143A of the Negotiable Instruments Act, 1881.
CRL.P No. 3213 of 2021
The petition is disposed as having become
infructuous.
Sd/JUDGE
SJK List No.: 1 Sl No.: 104
1 issue framed by the court
Whether the Criminal Petition to quash an interim compensation order under Section 143A of the Negotiable Instruments Act, 1881 is maintainable when the proceedings are closed.
2 provisions across 2 enactments
J.N.MADHUSUDHAN
R.L. NARAYANASWAMY
DEVAMMA
MANJULA
RAJESH
NARASIMHA
M.NAGAPRASANNA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
