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2020 Supreme(Kar) 1876

SURAJ GOVINDARAJ
Ravi s/o Late Hucchegowda – Appellant
Versus
A N Moggannagowda s/o Late Ningegowda – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri Bhargava D Bhat, For Sri Ajit P B, Advocate

ORDER :

1. The petitioner is before this court seeking for setting aside the order dated 02.01.2020 passed in C.C.No.477/2019 by the Senior Civil Judge and JMFC, Nagamangala.

2. By way of the said order dated 02.01.2020, the Senior Civil Judge, Nagamangala observing that the petitioner herein who is accused therein had not complied with the order passed on 28.10.2019 directing the petitioner to deposit a sum equivalent to 20% of the cheque amount within a period of 60 days, rejected the application filed by the petitioner under Section 145(2) of the Negotiable Instruments Act (Hereinafter referred to as NI Act) seeking permission to cross examine the complainant therein as also recording the statement that the complainant had no further evidence on the ground that the petitioner had failed to cross examine PW-1 recordal of the statement under Section 313 was dispensed with on account of failure to comply with the provisions of Section 143A of the Negotiable Instruments Act, defendants evidence was taken as `Nil’ and posted for arguments on 07.01.2020.

3. Sri.Bhargava D. Bhat, learned counsel for petitioner would submit that

3.1 in terms of Section 143A of NI Act if an order is passed d

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