Present petition is filed under Section 482 of Cr.P.C by

the accused/petitioner aggrieved by the order dated

18.08.2022 passed in C.C.No.3144/2021 on the file of

Principal Civil Judge and JMFC, Sira, by which the

accused/petitioner has been directed to deposit 10% of the

cheque amount within a period of 60 days from the date of

the order.

2.

The

above

case

has

been

filed

by

the

complainant/respondent under Section 200 of Cr.P.C read

with Section 138 of Negotiable Instruments Act, 1881

contending inter-alia that the accused/petitioner had

availed

the

financial

assistance

from

the

complainant/respondent in as sum of Rs.5,00,000/- and

had issued a cheque bearing No.399427, dated 15.04.2021

drawn on Canara Bank, Badavanahalli Branch, Madhugiri

Taluk, towards repayment of the dues. The said cheque on

3

its presentation returned with a memo "Funds Insufficient".

The complainant/respondent had issued notice dated

24.05.2021 calling upon the accused/petitioner to pay the

cheque amount. The said notice was served on 28.05.2021.

Non-compliance of the demand made in the said notice lead

to

filing

of

the

above

complaint.

The

complainant/respondent filed an application under Section

143A of Negotiable Instruments Act, 1881 seeking direction

to the accused/petitioner to deposit 20% of the cheque

amount. Accused/petitioner had filed statement of objection

seeking rejection of the said application.

3.

The trial Court by the impugned order allowed

the said application directing the accused/petitioner to

deposit 10% of the cheque amount on or before 60 days

from the date of the order. Aggrieved by the same, present

petition.

4.

Sri.V.B.Siddaramaiah, learned counsel for the

accused /petitioner submits that there is no evidence with

4

regard

to

the

loan

transaction

between

the

accused/petitioner and the complainant/respondent. That

the said complaint has been filed only to harass the

accused/petitioner. That the accused/petitioner cannot be

subjected to harassment on a false and frivolous complaint

filed by the complainant/respondent. As such, the order

passed by the trial Court directing the accused/petitioner to

deposit of 10% of the cheque amount besides being illegal

has also caused financial distress. Hence, seeks for

quashing of the said order.

5.

Heard and perused the records.

6.

The order under challenge is passed under

Section 143A of the Negotiable Instruments Act, 1881

directing the accused/petitioner to deposit 10% of the

cheque amount. The said order further states that the

complainant/respondent would be entitled to receive the

said amount by executing a indemnity bond to the tune of

the amount deposited by the accused/petitioner and in the

event of complainant failing in the case, he shall repay the

5

said amount with prevailing rate of interest on said amount

as on the date of depositing the amount by the accused

before the Court.

7.

Pre-deposit of portion of the cheque amount as

directed by the trial Court in the impugned order is

pursuant to statutory provisions contained under Section

143A of the Negotiable Instruments Act, 1881 with

sufficient safeguard to the accused/petitioner in the event

of complainant/respondent failing to prove and establish his

case. Financial hardship to deposit the said amount as

submitted

by

the

learned

counsel

for

the

accused/petitioner is not a ground to interfere with the

impugned order. Besides, accused /petitioner is entitled to

raise and set up all defence available to him under law.

Petition lacks merits. Hence, dismissed.

Sd/-

JUDGE

MKM