2020 (9) TMI 296

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.... of 60 days. 2. The brief facts giving rise to the present petition are as follows: The respondent-complainant filed a private complaint u/s 200 of Cr.P.C. r/w Sec. 142 of the N.I. Act in P.C. No. 32/2019 against the petitioner-accused for offences punishable u/s 138 of the N.I. Act. It was the specific contention of the complainant that towards discharge of legally enforceable debt due from the accused to the complainant, the accused drew and delivered cheque bearing No.368623 dated 16.11.2018 in a sum of Rs. 7,00,000/-. The said cheque having been dishonoured for want of sufficient funds, statutory notice dated 14.12.2018 was issued on behalf of the complainant which was received by the accused on 15.12.2018. It was contended that s....

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.... that the trial Court committed grave and serious error of law and fact in directing the petitioner to deposit 20% of the cheque amount without assigning any reasons. It was submitted that apart from the fact that the impugned order is a non speaking order without application of mind, the trial Court committed an error in suo moto passing the impugned order without there being any application filed by the complainant invoking Sec. 143-A of the N.I. Act. It was pointed out that even as per the amended provisions of Sec.143-A, the usage of the word 'may' in Sec.143-A(1) clearly indicates that it was not mandatory but only directory and as such, the trial Court had not exercised its discretion properly and legally while passing the imp....

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.....P.C for the following reasons: a) It is not in dispute that the earlier order dated 02.02.2019 passed by the trial Court taking cognizance of the offence alleged to have been committed u/s 138 of the N.I. Act by the accused and registering a case against him was not challenged by the accused and that the same has attained finality. In the complaint, it was specifically alleged that despite having received the statutory notice dated 14.12.2018, the accused did not comply with the demand made in the said notice. A perusal of the material on record viz., complaint, sworn statement, affidavit, documents, order dated 2-2-2019 passed by the trial court taking cognizance of the case and issuing summons to the accused, bail application filed by....

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....id order clearly showing application of mind by the trial Court, I am of the opinion that the impugned discretionary order passed by the trial Court pursuant to taking cognizance of the offence and registering the case against the accused and upon the accused pleading not guilty is perfectly legal and proper and the trial Court was fully justified in following the procedure prescribed u/s 143-A and directing the petitioner to deposit 20% of the cheque amount. Under these circumstances, the impugned discretionary order passed by the trial Court, in the aforesaid facts and circumstances of the instant case, being just and proper and not resulting in the abuse of the process of the court and interference not being warranted to secure the ends ....

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....ion 465 Cr.P.C which contemplate that mere error, omission or irregularity in the impugned order does not entail reversal of the order by this Court unless it is shown that it has occasioned failure of justice, having regard to the aforesaid facts and circumstances of the instant case, I am of the considered opinion that the impugned order has not occasioned any failure of justice warranting interference by this Court. e) As regards the apprehension of the accused that in the event he is directed to pay 20% of the cheque amount to the complainant and the accused is ultimately acquitted by the trial court, the accused would find it difficult to get refund of the said amount is concerned, the said apprehension can be allayed in view of the....