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2022 (6) TMI 299 - KARNATAKA HIGH COURTDishonor of Cheque - allegation of non-application of mind, as the order itself is incongruous - applicability of Section 143A of the Negotiable Instruments Act - HELD THAT:- The application filed by the complainant came to be rejected by the learned Magistrate and the same is allowed by the Revisional Court. The mandate of the statute though is to award interim compensation of an amount of 20% to the maximum, it can varry from 0 to 20%. The said variance is not taken note of by the Revisional Court - 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. It is deemed appropriate to modify the order passed by the Revisional Court dated 25.10.2021 by modifying the amount that is payable by the petitioner in terms of 143A of the Negotiable Instruments Act to 10% of the instrument from 20% as ordered, which shall be deposited before the learned Magistrate by the petitioners, within four weeks from the date of receipt of the copy of this order and the complainant would be at liberty to withdraw the same in terms of the mandate of the statute - criminal petition disposed off.
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