TaxTMI 
TaxTMI 
2025 (6) TMI 1082
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....D&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. 3. The respondent further alleged that the pet....
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....ted. 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 consent. Further, the petitioner had not been granted ....
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....r, 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 was coerced to sign the Settlement Agreement. In any case, the Revisionis....
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....he 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 be exhaustively stated. The parameters stated above are not exhaustive." 12. On the aforesaid parameters too, the impugned order is correct. ....