IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI CRIMINAL PETITION No.5634/2019 BETWEEN:
Sri Nagaraju, Major, Prop.M/s Beereshwara Traders, Cheeranahalli Village, Kothathi Hobli, Mandya Taluk, Mandya District – 571 403. … Petitioner (By Sri K.S.Chandrakanth Gowda, Advocate) AND:
C.Boregowda Trader, (Cow feeds and General Merchants) Rep. by its Managing Partner Sri Abhishek B.S., S/o.Shivakumar B., Major, Central Road, Mandya City, PIN 571 401. ... Respondent (By Smt. S.Sumathi for Sri A.M. Suryaprakash, Adv.) This Criminal Petition is filed under Section 482 of Cr.PC praying to set aside the order dated 06.05.2019 on the file of the 11 Additional Civil Judge and JMFC, Mandya in C.C.No.940/2018, directing the petitioner to pay the 10% of cheque amount to the respondent.
This Criminal Petition is coming on for admission this day, the Court made the following:-
ORDER The petitioner has questioned the validity of the order dated 06.05.2019 on the file of the II Additional Civil Judge and JMFC, Mandya in C.C.No.940/2018 whereby the petitioner was directed to pay 10% of the cheque amount to the respondent/complainant in pursuance of the provisions of Section 143(A) of Negotiable Instruments Act, 1881.
2. Undisputedly, Section 143(A) has prospective effect in view of the decision in the case of G.J.Raja Vs. Tejraj Surana made in Criminal Appeal No.1160/2019 @ SLP(Crl.)No.3342 of 2019. Therefore, the present petition is squarely covered by the above said decision of the Supreme Court. Consequently, the order passed by the II Additional Civil Judge and JMFC, Mandya in C.C.No.940/2018 dated 06.05.2019, directing the petitioner to pay 10% of the cheque amount to the respondent/complainant is hereby set aside.
Accordingly, the Criminal Petition is allowed.
Sd/- JUDGE PN/-