2023 (10) TMI 1

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....pplicant and learned AGA for the State. 2.The present 482 Cr.P.C. application has been filed to quash the impugned order dated 31.05.2023 passed by Presiding Officer, Additional Court No.3, Agra in Complaint Case No.12976 of 2021 (Raju Rathore vs. Ankit Jain), under section 138 Negotiable Instrument Act, Police Station Chatta, District Agra. 3. Learned counsel for the applicant submits that ....

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....lf shows that the discretion is vested with the Trial Court to direct interim compensartion to be paid by the complainant. It is not necessary that in all cases, the trial court must necessarily direct the complainant to pay interim compensation and such a direction should be given only on a case to case basis, by taking into consideration the facts of each case. The legislature has intentionally ....

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.... the acused persons to pay an interim compensation of 20% to the complainant. As held by this Court, the discretionary power that is vested with the trial Court in ordering for interim compensation must be supported by reasons and unfortunately in this case, it is not supported by reasons. The attempt made by the learned counsel for the respondent to read certain reasons into the order, cannot be ....

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....1) shall not exceed 20% of the amount of the cheque. (3) The interim compensation shall be paid within 60 days from the date of the order under sub-section (1), or within such further period not exceeding 30 days as may be directed by the Court on sufficient cause being shown by the drawer of the cheque. 7. From perusal of order dated 31.05.2023, the Court has assigned reasons for granting inte....