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2025 DAILYLAW 42704 (KAR)

SRI MEHUL v. SRI HARISH.M

CRL.P/6169/2019 · 2025-09-02

J M Khazi

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:34257 CRL.P No. 6169 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 6169 OF 2019 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI MEHUL S/O. MR. GULAB CHAND, AGED ABOUT 39 YEARS, R/AT NO. 572, 1ST FLOOR, 3RD STAGE, 4TH BLOCK, BASAWESHWARA NAGAR, BANGALORE-560079 …PETITIONER (BY SRI. RAVINDRA PRASAD B, ADVOCATE) AND: SRI HARISH.M S/O. S. MARULAPPA, AGED ABOUT 47 YEARS, R/AT NO. 1041, 5TH-A-MAIN, 3RD STAGE, BASAWESHWARA NAGARA, BANGALORE-560079 …RESPONDENT (BY SMT.HARINI.B.R, ADVOCATE FOR SRI.B.M.PRASAD, ADVOCATE) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ALLOW THE INSTANT PETITION BY REVERSING THE ORDER DATED 19.07.2019 IN C.C.NO.20074/2015 PASSED BY THE LEARNED XIX Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34257 CRL.P No. 6169 of 2019 ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU AND FURTHER DISMISS THE APPLICATION OF THE RESPONDENT FILED U/S.143-A OF NI ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER Both learned counsel for the petitioner and the respondent are present. 2. Learned counsel for the respondent submits that this petition is filed against the order directing deposit interim compensation of 20% of the cheque amount and that the case is now posted for final arguments. Therefore, she has no objections to allow the petition. 3. Aforesaid submission is placed on record. 4. This petition is by the accused challenging the order dated 19.07.2019 in C.C.No.20074/2015 on the file of XIX Additional Chief Metropolitan Magistrate, Bengaluru on application filed under Section 143-A of N.I. Act - 3 - HC-KAR NC: 2025:KHC:34257 CRL.P No. 6169 of 2019 directing accused to deposit a sum of Rs.60,000/- being 20% of the cheque amount. 5. Complainant filed C.C.No.20074/2015 against the accused alleging that cheque for Rs.3 lakhs issued by the accused came to be dishonoured as 'Account closed' and despite issue of legal notice, he has not paid the said amount. 6. Accused has resisted the said complaint by pleading not guilty. 7. During the pendency of the proceedings, complainant filed application under Section 143-A of N.I. Act to direct the accused to pay Rs.60,000/- by way of interim compensation at the rate of 20% of the cheque amount. Vide the impugned order, the said application is allowed. - 4 - HC-KAR NC: 2025:KHC:34257 CRL.P No. 6169 of 2019 8. The said order came to be stayed on 16.09.2019. However, the trial continued. Now that the stage has reached final arguments, no purpose would serve by directing accused to make the said deposit. In the light of the submission made by learned counsel for respondent, the prayer made by the petitioner in this petition needs to be allowed. 9. Accordingly, the petition is allowed. The order dated 19.07.2019 passed in CC No.20074/2015 on the file of XIX Additional Chief Metropolitan Magistrate, Bengaluru is hereby quashed. 10. The Court of XIX Additional Chief Metropolitan Magistrate, Bengaluru, is directed to expedite the trial in CC No.20074/2015, and dispose of the same as expeditiously as possible, and in any event, not later than three months from the date of receipt of certified copy of this order. - 5 - HC-KAR NC: 2025:KHC:34257 CRL.P No. 6169 of 2019 11. Both parties shall co-operate with the trial Court to dispose of the matter within the stipulated time. 12. Registry is directed to send a copy of this order to the Trial Court through e-mail. Sd/- (J.M.KHAZI) JUDGE RR/KBM List No.: 1 Sl No.: 16