TaxTMI 
TaxTMI 
2025 (6) TMI 1082
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....ed Principal District and Sessions Judge (PD&SJ), Patiala House Court, New Delhi in Crl. Rev. No.323/24 dismissed the Revision Petition filed by the petitioner herein, against the Order of Interim Compensation under Section 143A of the Negotiable Instruments Act, 1881 (NI Act) passed by the learned Trial Court (Court of the first instance) in CC No.15049/23 on 29.02.2024. 2. The facts giving rise to the present petition are that the Respondent/Complainant had made a complaint under Section 138 of the NI Act, alleging that the parties were engaged in the Real Estate business for the past few years. As a dispute arose between the two, a mutual agreement was entered into between the parties vide the settlement agreement dated 23.03.2021. ....
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....ly shows that the petitioner has been falsely implicated. He submits that the learned PD&SJ has failed to appreciate the contents of the complaint under Section 138 of the NI Act, which vaguely states that there were business transactions between the petitioner and the respondent, however no such details and specifics of any such transactions are forthcoming in the complaint. 7. He submits that the learned PD&SJ has failed to appreciate the defence raised by the petitioner in his statement made at the time of framing of Notice under Section 251 of the CRPC, wherein the petitioner disputed the liability towards the respondent and also claimed that the signatures on the settlement deed dated 23.03.2021 were taken forcefully and without his....
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....es on the settlement deed dated 23.03.2021, made by the petitioner, were under coercion. 13. To appreciate the submissions of the learned counsel, it is apposite to refer to the Impugned Order dated 26.09.2024 and to quote the relevant extracts which are as under:- "10. I have considered the contentions raised by the rival sides and perused the record too. The plea taken by the Revisionist before the Ld. Trial court that settlement was a forced one and the respondent was aware of the fact that the bank account of the Revisionist was seized, still he presented the cheque to create a pressure and to drag him into the court. The same is not acceptable inasmuch as there is no complaint to any authority or anyone that the Revisionist....
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....to pay interim compensation can be issued, only if the complainant makes out a prima facie case. iii. If the defence of the accused is found to be prima facie plausible, the Court may exercise discretion in refusing to grant interim compensation. iv. If the Court concludes that a case is made out to grant interim compensation, it will also have to apply its mind to the quantum of interim compensation to be granted While doing so, the Court will have to consider several factors such as the nature of the transaction. The relationship. if any, between the accused and the complainant, etc. v. There could be several other relevant factors in the peculiar facts of a given case, which cannot....
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....efore, the same does not require any interference in these proceedings. As a result, the Revision Petition stands dismissed. File be consigned to Record Room." 14. On a perusal of the Impugned Order, it is evident that the prima facie view taken by the learned PD&SJ is correct. The learned PD&SJ has rightly observed that the petitioner has not lodged any complaint regarding him having to sign the said settlement agreement under coercion. Further, all the cheques issued by the petitioner were post- dated cheques, which could have been withheld on the instructions to the Banker of the petitioner. Therefore, this Court is unable to accept this plea of the petitioner. 15. Coming to the next argument advanced on behalf of the petitioner re....