THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION NO.3770 OF 2023
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure (for short 'Cr.P.C.') by the petitioner/accused to quash the docket order dated 15.03.2023 in S.T.C. N.I. No.616 of 2021 passed by the learned Special Judicial Magistrate Excise-cum-V Additional Metropolitan Magistrate-cum-V Additional Junior Civil Judge, Cyberabad at L.B.Nagar.
2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent - State. Perused the record.
3. Learned counsel for the petitioner would submit that without assigning reasons, the learned Magistrate has directed payment of 10% of the cheque amount as compensation. He relied on the judgment of this Court in Crl.P.No.6443 of 2022, wherein this Court was pleased to hold that in the circumstances of the case when no reasons were given, the order was set aside and it was directed that Court shall direct 2 payment of interim compensation after giving an opportunity of being heard.
4. The order in the present case is as follows:
"Both parties present, counsels present, counsel for complainant submits that the complainant is crippled with the loss huge amount and pray this Court to direct the accused to pay at least 10 percent of cheque amount, counsel for the accused submits that the entire amount was already paid and the cheque was filed by the complainant himself and filed this case and pray that there is no amount to be paid by the accused to the complainant, heard both sides and in view of the above submissions this Court filed it appropriate to direct the accused to deposit 10 percent of cheque amount to the complainant call on 16.05.2023."
From the said order it is apparent that there was a pleading by the complainant that 10% of the cheque amount be paid, since he has already incurred losses. Considering the same, the trial Court has directed to pay 10% of the cheque amount.
5. I do not find any infirmity in the order passed by the learned Magistrate since the order was passed based on the pleadings of the complainant that he has incurred losses. In 3 accordance with Section 143(A) of Negotiable Instrument Act compensation can be granted.
6. Accordingly, the Criminal Petition is dismissed.
Miscellaneous applications pending, if any, shall stand closed.
________________ K.SURENDER, J Date: 18.04.2023 tmk