B. V. L. N. CHAKRAVARTHI
Mahesh Govindraj – Appellant
Versus
State of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. criminal petition filed under section 482 cr.p.c. (Para 1) |
| 2. applicability of section 482 cr.p.c. (Para 2) |
| 3. arguments presented by both parties (Para 3 , 4) |
| 4. court's analysis of the magistrate's order (Para 5 , 6 , 7) |
| 5. order to remit the case to magistrate (Para 8 , 9 , 10) |
JUDGMENT /ORDER :
This criminal petition is filed by the petitioner herein/accused under Section 482 of Cr.P.C., to quash the docket order dated 09.08.2023 in CC No.608 of 2022 on the file of the learned Judicial First Class Magistrate, Kamalapuram, wherein the learned Magistrate is directed the petitioner/accused to deposit 20% of cheque amount as per Section 143 of the Negotiable Instruments Act, 1881.
2. Heard Sri K. Ratangapani Reddy, learned Counsel appearing on behalf of Sri B. Shiva Ram Sharma, learned Counsel for the petitioner, learned Additional Public Prosecutor appearing for the State and Sri C. Prakash Reddy, learned Counsel for the unofficial respondent No.2.
3. Sri K. Ratangapani Reddy, learned Counsel appearing on behalf of Sri B. Shiva Ram Sharma, learned Counsel for the petitioner would submit that the Hon'ble Apex Court in Rakesh Ranjan Shrivastava v. State of Jharkhand and a
Section 143-A of the Negotiable Instruments Act requires courts to evaluate both parties' merits before ordering interim compensation, emphasizing the necessity for reasoned decisions.
The provisions of Section 143A of the Negotiable Instruments Act are prospective in operation and can only be applied in cases where the offence under Section 138 of the Act was committed after the i....
The court emphasized the importance of considering the specific provisions of Section 143-A of the Negotiable Instruments Act when ordering interim compensation in cases of cheque dishonor.
Court affirmed that an appellate court may require a deposit under Section 148 of the Negotiable Instrument Act, and petitioners must establish exceptional circumstances to waiver this mandate.
The appellate court may impose a deposit condition under Section 148 of the N.I. Act, interpreted as mandatory for expediting cheque dishonour cases.
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