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    <title>2020 (12) TMI 507 - KARNATAKA HIGH COURT</title>
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    <description>In proceedings under Section 138 of the Negotiable Instruments Act, the trial court&#039;s direction requiring the accused to deposit 20% of the cheque amount under Section 143-A was treated as a proper exercise of discretion because cognizance had been taken, the plea stage had been reached, and the presumption under Section 139 had not yet been rebutted. The absence of a separate application by the complainant did not prevent the court from invoking Section 143-A on its own motion in an appropriate case. A brief or cryptic order did not, by itself, justify interference under Section 482 of the Code of Criminal Procedure, particularly where no failure of justice or disclosed defence was shown.</description>
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      <title>2020 (12) TMI 507 - KARNATAKA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=401708</link>
      <description>In proceedings under Section 138 of the Negotiable Instruments Act, the trial court&#039;s direction requiring the accused to deposit 20% of the cheque amount under Section 143-A was treated as a proper exercise of discretion because cognizance had been taken, the plea stage had been reached, and the presumption under Section 139 had not yet been rebutted. The absence of a separate application by the complainant did not prevent the court from invoking Section 143-A on its own motion in an appropriate case. A brief or cryptic order did not, by itself, justify interference under Section 482 of the Code of Criminal Procedure, particularly where no failure of justice or disclosed defence was shown.</description>
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