2022 (9) TMI 1425

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....tions filed by the same petitioner against the orders passed by the learned Judicial Magistrate Ist Class, Sirsa, vide which the petitioner has been asked to deposit 20% of the cheque amount within a period of 60 days from the date of passing of the said order. Learned counsel for the petitioner, in all the cases at hand, has raised a common argument and has stated that the impugned order passed is non-speaking and has not taken into consideration the fact that as per the language of Section 143-A of the N.I. Act, it is discretion of the Magistrate to impose the interim compensation which can vary from 1% to 20% and the said discretion, if not exercised in the manner known to law, would become an arbitrary action and the said application o....

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....etion to the trial court to direct the accused to pay interim compensation to the complainant. The exercise of discretion must always be supported by reasons, failing which the exercise of discretion will become arbitrary." Learned counsel for the petitioner has further submitted that in pursuance of the order dated 28.04.2022, the petitioner has deposited 20% of the cheque amount with the trial court in all these cases and has submitted that the impugned order deserves to be set aside on the ground that the same does not reflect the reasoning behind ordering the same, as is required under Section 143-A and has been laid down in the above said judgments. Learned counsel appearing for the respondents in all these cases has submitted that ....

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....he notice of the court the present order passed by this court; (ii) The Judicial Magistrate Ist Class, Sirsa, would indicate the date to both the parties for finally arguing with respect to the deposit as per the provisions of Section 143-A of the Negotiable Instruments Act, 1881; (iii) The said date shall fall on or before 23.09.2022 and would be as per the convenience of the court; (iv) Both the parties would be permitted to make their submissions in support of their respective claims and it would be open to both the parties to refer to any judgments/law on the said aspect; (v) The Judicial Magistrate Ist Class, Sirsa, is requested to pass a fresh order, after hearing the counsel for both the parties as expeditiously as possible, ....