ACCUSED’S CONDUCT IS RELEVANT FOR DECIDING INTERIM COMPENSATION- RULES KARNATAKA HIGH COURT
In the case of V. Krishnamurthy v. Dairy Classic Ice Creams Pvt. Ltd, the Karnataka High Court has directed the magistrate Courts to consider the conduct of the accused while deciding the application filed for cheque dishonour case by the drawee, seeking interim compensation under Section 143A of the Negotiable Instruments Act,1881. The Bench was deciding the case against an order passed by the Additional Chief Magistrate, Bangalore , dated 12-10-2021, which allowed an application under 143A by the complainant dairy Classic Ice Creams Pvt Ltd. and directed to pay compensation of 10%, in a proceeding instituted for the offences punishable under Section 138 of the NI Act, Delhi High Court Lawyers . It was observed by the Court, that “it has become necessary to direct learned magistrates that while considering applications filed under Section 143A if the NI Act,to notice at the outset the conduct of the accused. If the accused has been unnecessarily evading proceedings b...