Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2022 (6) TMI 299

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... sa, Senior Adv., Tahura Anzar and Freud Richardson, Advs For the Respondents : Raghavendra V., Adv ORDER Both these petitions call in question an order dated 25.10.2021 passed in Crl.R.P. No. 25030/2021 by the LXXIV Additional City Civil and Sessions Judge, Mayohall Unit, Bengaluru. 2. Heard the learned Senior counsel Sri. S. Sreevatsa, appearing for the petitioners and the learned counsel Sri .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... mplaint registered, the complainant files an application under Section 143A of the Negotiable Instruments Act seeking 20% of the amount of the instrument as compensation, as is available under the statute. The learned Magistrate by his order dated 18.03.2021, rejected the application on the ground that it did not contained reasons as to why the said amount is required for the complainant. This rej .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... hile passing an order allowing the application. He would seek quashment of the said proceedings remitting the matter back to the hands of the Revisional Court for reconsideration. 6. On the other hand, the learned counsel representing the complainant would refute the submissions to contend that the incongruity in the order is removed by a corrected order being issued by the Revisional Court. Inso .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... aximum, it can varry from 0 to 20%. The said variance is not taken note of by the Revisional Court. 9. Therefore, in my considered view, the amount of 20% be reduced to 10% in the peculiar facts and circumstances of the case, on the entire cheque amount for a resolution of the lis before this Court. 10. Learned Senior counsel would further submit that the matter is set for cross-examination on 3 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates