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2022 Supreme(Kar) 199

M.NAGAPRASANNA
Himanshu Gupta S/o Gopikrishan Gupta – Appellant
Versus
V. Narayana Reddy S/o Late Venakatarayappa – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Smt. Vidyashree K.S., Advocate for Sri. K.B. Shiva Kumar, Advocate

ORDER :

The petitioner is before this Court calling in question the order dated 07.10.2021 passed in CC No.2024/2020 directing the petitioner to deposit 20% of cheque amount under Section 143-A of the Negotiable Instruments Act, 1881 ( ‘N.I Act’ for short), as amended in the year 2018.

2. Heard the learned counsel appearing for the petitioner.

3. The respondent though served, remains unrepresented.

4. The petitioner and the respondent had certain transactions and certain cheques issued by the petitioner in favor of the respondent/complainant appears to have been dishonoured which leads to registration of the crime invoking Section 200 of the Cr.P.C. for an offence punishable under Section 138 of the N.I. Act.

5. The present case is not with regard to the merit of the claim of the complainant. In the proceedings i.e., in C.C.No.2024/2020, the Court suo motu passes an order on 07.10.2021 directing payment of 20% of the amount involved in the transaction without notifying the accused or giving him an opportunity to file his objections. It is this order that drives the petitioner-accused to this Court.

6. The learned counsel for the petitioner would submit that the complainant himself did no

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