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(2024) Law Today Live Doc. Id. 18924 = 2024(2) L.A.R. 246
Decided on: 06.02.2024
For Petitioner(s):
Mr. Nilesh Sharma, Adv., Mr. Joseph Pookkatt, Adv., Ms. Awantika Manohar, Adv., Mr. Dhawesh Pahuja, Adv., M/S. Ap & J Chambers, AOR
For Respondent(s):
Ms. Mahalakshmi Pavani, Sr. Adv., Mr. Tomy Chacko, Adv., Mr. Neeleshwar Pavani, Adv., Mr. Shaurya Mishra, Adv., Mr. Ankolekar Gurudatta, AOR, Mr. Korada Pramod Kumar, Adv.
Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Code of Criminal Procedure, 1973 (2 of 1974), Section 397, 482 – Conviction in cheque bounce complaint -- Enhancement of compensation u/s 482 Cr.P.C. -- Jurisdiction of High Court -- Revision against conviction -- Complainant filed an application u/s 482 of the Code primarily seeking enhancement of compensation – No jurisdictional error on the part of the High Court in passing the order after entertaining the application u/s 482 of the Code.
(Para 2, 3)
ORDER
1. Heard learned senior counsel/counsel for the petitioner and the respondent.
2. The present petitions arise out of an order of conviction passed in a proceeding instituted under section 138 of the Negotiable Instrument Act, 1881. The petitioner had filed an application under Section 397 of the Code of Criminal Procedure (hereinafter called “the Code”) for setting aside the order of conviction after it was confirmed by the Appellate Court. The second revision petition of the petitioner was also dismissed. The complainant had filed an application under Section 482 of the Code primarily seeking enhancement of compensation.
3. We do not think there was any jurisdictional error on the part of the High Court in passing the order after entertaining the application under Section 482 of the Code. No point of law is involved in this proceeding.
4. The sum of Rupees Twenty lakhs deposited in this Court in pursuance of the order passed on 27.04.2022 shall be released to the respondent along with interest generated thereon by such deposits after proper identification by the Registry.
5. The present petitions are dismissed in the above terms.
6. Pending application(s), if any, shall stand disposed of.
Petitions Dismissed.
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