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CRL.P No. 6980 of 2022

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25^TH DAY OF AUGUST, 2022

BEFORE

THE HON'BLE MR JUSTICE M.NAGAPRASANNA

CRIMINAL PETITION NO. 6980 OF 2022

BETWEEN:

MR. MURALI

S/O MR. SRINIVASAPPA

AGED ABOUT 37 YEARS

R/AT HOHALLI VILLAGE, ARAHALLI POST

KASABA HOBLI

KOLAR TALUK AND DISTRICT-563101.

&PETITIONER

(BY SRI KESHAVA MURTHY B., ADVOCATE)

AND:

MR. VENKATESHAPPA

S/O MR. MUNIYAPPA

AGED ABOUT 44 YEARS

R/AT NEAR VENUGOPALASWAMY TEMPLE

KILARIPET

KOLAR-563101.

&RESPONDENT

(BY SRI A.V. ANANDA., ADVOCATE)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF

CR.P.C PRAYING TO QUASH ORDER DATED 10.01.2022 PASSED BY

THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, KOLAR IN CC

NO.1926/2021 ON THE APPLICATION FILED U/S.143(A) OF NI ACT

AND ORDER DATED 11.07.2022 PASSED BY THE II ADDITIONAL

SENIOR CIVIL JUDGE AND JMFC, KOLAR IN CC NO.1926/2021

REJECTING APPLICATION FILED UNDER SECTION 311 OF CR.P.C.

THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS

DAY THE COURT MADE THE FOLLOWING.

R

Digitally signed by

PADMAVATHI B K

Location: HIGH

COURT OF

KARNATAKA

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CRL.P No. 6980 of 2022

ORDER

The petitioner is before this Court calling in question

two orders passed by the II Additional Senior Civil Judge

and JMFC, Kolar 3 one dated 10-01-2022 under Section

143A of the Negotiable Instruments Act, 1881 (8the Act9

for short) and the other dated 11-07-2022 rejecting the

application filed by the petitioner under Section 311 of the

CrPC.

2. Heard Sri B. Keshava Murthy, learned counsel for

the petitioner and Sri A.V.Ananda, learned counsel for the

respondent.

3. Facts germane for consideration of the lis

succinctly stated are as follows:-

Respondent is the complainant and the petitioner is

the accused. The petitioner and the respondent had

certain transaction which leads the petitioner giving an

instrument i.e., a cheque for an amount of Rs.10/- lakhs.

The cheque having been presented for its realization is

returned by the Bank for want of sufficient funds.

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CRL.P No. 6980 of 2022

Statutory notice being issued and all legal requirements

being complied with, the complainant registers a crime

invoking Section 200 of the CrPC in P.C.R.No.327 of 2021

and the learned Magistrate takes cognizance of the offence

and registers a criminal case in C.C.No.1926 of 2021. The

issue in the case at hand is not with regard to merit of the

matter. In the said proceedings, the complainant prefers

an application under Section 143A of the Act seeking

interim compensation to the tune of 20% as is available

under Section 143A of the Act.

4. This is allowed in part by the learned Magistrate

by his order dated 10-01-2022 directing 10% of the

amount involved in the instrument to be paid as interim

compensation. The accused/petitioner had not complied

with the order dated 10-01-2022. Pending compliance

with the said order, at the time when the matter was

posted for recording of statement under Section 313 CrPC,

the petitioner files an application under Section 311 of the

Cr.P.C.

seeking

recall

of

PW-1

for

further

cross-

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CRL.P No. 6980 of 2022

examination. The concerned Court by its order dated 11-

07-2022 rejected the application inter alia on the ground

that the petitioner had not deposited interim compensation

amount in terms of its order dated 10-01-2022 and,

therefore, the petitioner would not be permitted to cross-

examine PW-1. It is these orders that are called in

question in the subject petition.

5. The learned counsel appearing for the petitioner

would contend with vehemence that both the orders suffer

from non-application of mind as there are no reasons

indicated for passing the order under Section 143A of the

Act and for passing the order as rejecting the application

under Section 311 CrPC, the right to cross-examine by

recall of the witness, is denied.

6. On the other hand, the learned counsel appearing

fo