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
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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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