The petitioner is before this Court calling in question an

order dated 23.08.2021 passed by the XXIV ASCJ and XXII

ACMM, Bangalore in C.C.No.4291/2019, whereby the learned

Magistrate dismisses the application filed under Section 143A of

the Negotiable Instruments Act, 1881 (hereinafter referred to as

8the said Act9 for short) for its non-prosecution.

2.

Heard Sri. Harish O.K., learned counsel appearing for

the petitioner.

3.

The petitioner registers a private complaint invoking

Section 200 of Cr.P.C., for offence punishable under Section 138

of the said Act on the ground that the cheque for an amount of

Rs.7.00 lakhs issued by the respondent is returned for want of

sufficient funds. In the proceeding initiated before the competent

court, the petitioner files an application under Section 143A of

the said Act.

3

4.

The matter was taken up on the application on

14.07.2021 and on 17.09.2021. On 17.09.2021, the matter was

directed to be listed on 23.08.2021. Noticing the absence of the

petitioner or his representative before the Court, the Court

rejects the application seeking interim compensation in terms of

the Section 143A of the said Act for its non-prosecution. The

period in which the matters be taken up were all periods when

the Standard Operating Procedure with regard to COVID-19 was

in operation, above all, the application ought to have been

decided on its merit either ways and not dismissing the same for

its non-prosecution. The order dismissing the application is thus

rendered unsustainable as it defeats the purport of Section 143A

of the said Act.

5.

For the aforesaid reasons, the following:

ORDER

i.

Criminal Petition is allowed.

4

ii.

The order dated 23.08.2021 passed by the XXIV

ASCJ

and

XXII

ACMM,

Bengaluru

in

C.C.No.4291/2019, stands quashed.

iii.

The application filed by the petitioner under Section

143A of the said Act shall be considered by the

learned Magistrate and appropriate orders be passed

in

accordance

with

law

and

after

affording

opportunity of hearing to both the parties.

Sd/-

JUDGE

SJK