Allahabad High Court
M/S Dap Alchemy Thru. Its Prop. Priyanka ... vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 3 July, 2024
Author: Abdul Moin
Bench: Abdul Moin
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:45054
Court No. - 11
Case :- APPLICATION U/S 482 No. - 5688 of 2024
Applicant :- M/S Dap Alchemy Thru. Its Prop. Priyanka Prasad And Another
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
Counsel for Applicant :- Arvind Kumar,Ajay Deep Verma
Counsel for Opposite Party :- G.A.
Hon'ble Abdul Moin,J.
1. Heard.
2. Supplementary affidavit filed today is taken on record.
3. Instant application under Section 482 Cr.P.C. has been filed for quashing of the order dated 10.03.2022 under Section 143A of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'Act, 1881') whereby the petitioners have been directed to pay the amount of Rs.1.45 Lakh i.e. 20% of the alleged cheque amount as interim compensation.
Also under challenge is the order of the revisional court dated 12.03.2024 by which the revision filed by the petitioners against the order dated 10.03.2022 had been rejected.
4. The petitioner No.1 is a proprietorship firm while petitioner No.2 is the proprietor.
5. Contention of the learned counsel for the petitioners is that on the basis of certain cheques which had been handed over by the husband of the petitioner No.2 to a 3rd party namely A.S. Enterprises and despite the petitioners having no liability to pay the aforesaid amount and the documents which have been handed over by the petitioners to the 3rd party also included the blank signed cheques of the petitioners, the 3rd party filed a case, after dishonor of the cheque, under the Act, 1881. The cheque amount was Rs.7.25 Lakh. Learned Court below vide order dated 10.03.2022 after considering the provisions of Section 143A of the Act, 1881 has directed for payment of 20% of the amount of cheque as interim compensation which is Rs.1.45 Lakh.
6. Being aggrieved, the petitioners filed a revision which has been rejected vide order dated 12.3.2024 and hence the instant petition.
7. Argument of the learned counsel for the petitioners is that at no stretch of time the petitioners were having any liability towards the amount for which the cheque has alleged to have been issued inasmuch as no cheque was ever issued by the petitioner No.2 to the 3rd party rather, as already indicated above, the said cheque alongwith other documents have been handed over by the husband of petitioner No.2 with whom the petitioner No.2 is having an acrimony and the said 3rd party has utilized the said cheque for filing of the case against the petitioners under the Act, 1881. It is contended that once there is no liability of payment consequently there cannot be any occasion for payment of the alleged 20% amount as has been directed by the learned Court vide order dated 10.03.2022 which fact, as per the petitioners, has not been considered by the learned revisional court while rejecting the revision of the petitioner vide order dated 12.03.2024.
8. Other argument is that the application filed by the petitioners for verification of the signatures and handwriting is also pending before the learned court below and without passing any order upon the same, impugned order dated 10.03.2022 has been passed.
9. Having heard the learned counsel for the petitioners and perused the record, it emerges that a case under the Act, 1881 has been filed by the respondent No.2 against dishonor of cheque of Rs.7.25 Lakh that bears the signature of the petitioner No.2. In the instant petition, there is no denial made by the petitioners of the said cheque not bearing the signatures of the petitioner No.2. Learned Court after considering the provisions of Section 143A of the Act, 1881 has directed for interim compensation. Powers of the learned trial court to direct the interim compensation are undisputed. Section 143A of the Act, 1881 empowers the learned Court to direct for payment of an interim compensation by indicating the reasons thereon. Order impugned dated 10.03.2022 clearly indicates the reasons as have been given by the learned trial court while directing for interim compensation. The revision filed against the said order by the petitioners has also been rejected vide judgment and order dated 12.03.2024. Both the orders do not indicate any infirmity or illegality in the same. Undisputedly, the cheque bears the signature of the petitioner No.2 which has not been denied, as indicated above.
10. Considering the aforesaid no case for interference is made out. The instant petition is dismissed.
11. However, dismissal of the petition would not preclude the learned Court below from considering the application filed by the petitioners for calling for handwriting expert report pertaining to the signatures and handwriting on the said cheque as has been prayed for by the petitioner No.2 in her application dated 20.03.2023, which application shall be considered in accordance with law.
Order Date :- 3.7.2024
prateek
