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2022 Supreme(Kar) 184

M.NAGAPRASANNA
V. Krishnamurthy S/o K. S. Venkatesan – Appellant
Versus
Diary Classic ICE Creams Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri Maruthi, Advocate For Sri Joshna Hudson Samuel, Advocate.
For the Respondent:Sri Dinesh S.K., Advocate.

ORDER :

The petitioner is before this Court calling in question order dated 12-10-2021 passed by the XXVIII Additional Chief Metropolitan Magistrate, Bangalore in C.C.No.15681 of 2020, in a proceeding instituted by the respondent/complainant for offences punishable under Section 138 of the Negotiable Instruments Act, 1881 (‘the Act’ for short). The order challenged is an order granting 10% interim compensation in terms of Section 143A of the Act.

2. Heard Sri Maruthi, learned counsel appearing for the petitioner and Sri S.K.Dinesh, learned counsel appearing for the respondent.

3. Brief facts leading to the filing of the present petition, as borne out from the pleadings, are as follows:

    The petitioner is a retailer and the respondent/complainant is a producer of Ice Cream. The petitioner and the respondent entered into an agreement in the year 2017 for distribution of Ice Cream and frozen dessert products manufactured by the respondent/complainant, in and around city of Coimbatore. Pursuant to the agreement, it is the case of the petitioner that the complainant had demanded the petitioner for issuance of blank cheques as security in lieu of proposed supply to be made to the petitioner f

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