2022 (5) TMI 136

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....led by the petitioner seeking quashing of the order dated 05.04.2021 (Annexure P-1) passed by Ld. CJM, Faridkot, in criminal complaint/NACT-888/2019, dated 4.10.2017, Gagandeep Singh Vs. Gura Singh, to the extent whereby the said Court directed the petitioner to pay interim compensation to the respondent to the tune of 20% of the cheque amount, as per the provisions of Section 143(A) of Negotiable....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d to pay interim compensation of 20% of cheque amount within period of 60 days to complainant. Heard on arguments on the notice of accusation. A prima facie case is being made out against the accused for the commission of offences punishable under Section 138 of Negotiable Instrument Act. Accordingly, notice of accusation has bee served upon the accused, for the same to which, the accused....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....at recently Delhi High Court in CRL.MC 2663 of 2021 M/s Jsb Cargo and Freight Forwarder Pvt. Ltd Vs. State and another, decided on 20.12.2021, held that provision of Section 143(A) Negotiable Instruments Act, essentially is directory and cannot be termed as mandatory in nature. The counsel further contended that it appears that the trial Court gave the impugned direction, having the impression tha....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....portunity was given to the petitioner to file his response, before passing of the impugned order despite the fact that he had not pleaded guilty to the notice of accusation served upon him under Section 138 of Negotiable Instruments Act. From the perusal of impugned order, it appears that the Trial Court granted interim compensation under Section 143(A) of Negotiable Instruments Act just in a rout....