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2023 Supreme(Online)(KAR) 6827

BENCH AT KALBURAGI
AMRUTH S/O SHANTHAPPA – Appellant
Versus
SHIVARAJ S/O HANUMNTHAPPA KENCHA AND ORS – Respondent


Heard Sri. S. S. Sajjanashetty, the learned counsel

for the petitioner and Sri. Chaitanyakumar C.M. the

learned counsel for the respondent No.1.

02. The petitioner is before this Court seeking to

set-aside the order dated 27.12.2022 passed by the Trial

Court on applications being filed under Section 143-A of

the Negotiable Instruments Act (for short ‘N.I. Act’) and

under Section 294 and Section 311 of the Code of Criminal

Procedure (for short ‘Cr.P.C).

03. The learned counsel for the petitioner submitted

that the complaint has been lodged against the respondent

No.1 for the offence punishable under Section 138 of N.I.

Act, wherein the respondent No.1 is due for a sum of

Rs.16,50,000/-. During the pendency of the case, an

application under Section 143-A of the N.I.Act was filed

seeking interim relief or compensation which stipulated

under Act, by the petitioner. The Trial Court while

- 5 -

considering the said application observed that the accused

seriously disputed about the amount given by the

complainant to him. When such being the fact, in order to

ascertain the reality the interim compensation cannot be

given under Section 138 of the N. I. Act.

04. Similarly, the petitione

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