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TMI Blog2020 (12) TMI 507X X X X Extracts X X X X X X X X Extracts X X X X ..... court invoking Section 143-A of the N.I Act and thereby directing the accused to deposit 20% of the cheque amount does not warrant interference by this Court in the exercise of its powers under Section 482 Cr.P.C - petition dismissed. - CRL. P. NO. 101540/2019 - - - Dated:- 1-9-2020 - THE HON'BLE MR. JUSTICE S. R. KRISHNA KUMAR FOR THE PETITIONER : SRI B. SHARANABASAVA, ADVOCATE FOR THE RESPONDENT : SRI GANGADHAR S. HOSAKERI, ADVOCATE ORDER In this petition, the petitioner seeks quashing of the impugned order dated 02.07.2019 passed in C.C. No. 532/2019 by the trial Court directing the petitioner to deposit 20% of the cheque amount in terms of Sec. 143-A of the Negotiable Instruments Act (for short 'N.I. Act&# ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al Court and the matter was adjourned to 02.07.2019 for recording of plea. On that day, both counsel and parties were present and the plea which was recorded was read over and explained to the accused, who denied the plea and claimed to be tried. Under these circumstances, invoking and placing reliance upon the amended provisions contained in Sec. 143-A of the N.I. Act, the trial Court passed the impugned order dated 02.07.2019 directing the accused to deposit 20% of the cheque amount. Aggrieved by the impugned order, petitioner is before this Court by way of the present petition. 5. I have heard the learned counsel for the petitioner and the learned counsel for the respondent and perused the material on record. 6. Learned counsel for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... adverting to the submissions advanced by the parties, it is necessary to bear in mind that it is now well settled that this Court is entitled to exercise its jurisdiction/ inherent powers under Section 482 Cr.P.C., especially when it relates to interfering with interlocutory orders/ proceedings only if such exercise of power is required to prevent abuse of the process of the court arising out of such impugned order/proceedings or to secure the ends of justice. In my considered opinion, in the facts of the instant case, the impugned order passed by the trial court invoking Section 143-A of the N.I Act and thereby directing the accused to deposit 20% of the cheque amount does not warrant interference by this Court in the exercise of its powe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e has rebutted the presumption arising under Section 139 of the N.I Act, in the facts of the case on hand, it can not be said that the trial court exercised its discretion erroneously or improperly by passing the impugned order warranting interference by this Court under Section 482 Cr.P.C. b) Insofar as the contention urged on behalf of the petitioner that the impugned order is a non-speaking order and has been passed without any reasons, having regard to the aforesaid facts and circumstances, in particular, the absence of any defence being put forth by the petitioner-accused before the trial Court or before this Court coupled with the fact that the order dated 02.02.2019 taking cognizance by the trial Court has not been challenged by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . As such, even this contention urged on behalf of the accused deserves to be rejected. d) Even assuming for a moment that the impugned order is cryptic and does not contain sufficient reasons, there is no warrant for interference under section 482 Cr.P.C for more than one reason. Firstly, having regard to the material on record, the trial court has exercised its discretion and proceeded to invoke Section 143-A of the N.I Act in the facts and circumstances of the case. In the absence of the accused putting forth his defence, much less any contra material in support of his defence, it can not be said that the trial court has erroneously or arbitrarily exercised its discretion while passing the impugned order. Secondly, in view of the prov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esult, I pass the following order. ORDER i. Criminal Petition is hereby dismissed; ii. The impugned order dated 02.07.2019 passed in C.C. No. 532/2019 (P.C. No. 33/2019) by the learned JMFC Court-1, Hubballi is hereby confirmed; iii. The petitioner-accused is granted a further period of 60 days from this day to deposit 20% of the cheque amount before the trial Court; iv. It is directed that upon such deposit being made, the trial Court shall invest the same in fixed deposit in any nationalized bank immediately till disposal of the case in the trial Court; v. It is made clear that neither the respondent- complainant nor the petitioner-accused shall be entitled to withdraw the said amount deposited by the petitioner-accused til ..... X X X X Extracts X X X X X X X X Extracts X X X X
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