M/S Swati Readymade Dresses ... vs Mukesh
2022 Latest Caselaw 16128 MP

                                                             1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH
                                              ON THE 6 th OF DECEMBER, 2022
                                          MISC. CRIMINAL CASE No. 45623 of 2022

                           BETWEEN:-
                           1.    M/S SWATI READYMADE DRESSES PROPRIETOR
                                 ASHOK S/O RAMRAV SONUNE BULDHANA
                                 (MAHARASHTRA)

                           2.    ASHOK S/O RAMRAV SONUNE, AGED ABOUT 45
                                 YEAR S , OCCUPATION: BUSINESS DAGADWADI,
                                 POST MEGUNA, RAJA DAGADWADI, BULDHANA
                                 (MAHARASHTRA)

                                                                                         .....APPLICANTS
                           (BY SHRI MOHIT PANDYA, ADVOCATE )

                           AND
                           MUKESH    S/O   JAYANTILAL   PATWA   (JAIN)
                           LAXMINARAYAN MANDIR COMPLEX, 3RD FLOOR,
                           IMALI BAZAR INDORE DISTRICT INDORE (MADHYA
                           PRADESH)

                                                                             .....NON-APPLICANT/STATE


                                 This application coming on for orders this day, Hon'ble Shri Justice
                           Satyendra Kumar Singh passed the following:
                                                              ORDER

Heard.

This petition under Section 482 of Cr.P.C. has been preferred against the order dated 28.07.2022, passed by the Court of 13th Additional Sessions Judge/Special Judge, Indore in Criminal Revision Appeal No.276/2022, whereby order dated 05.05.2022 passed by the Court of Judicial Magistrate First Class, Indore in Criminal Case No.67/2020 allowing the respondent's Signature Not Verified Signed by: VIBHA PACHORI Signing time: 12/7/2022 10:24:50 AM

application filed under Section 143(A) of N.I. Act directing the applicants to deposit 20% amount of the cheque in dispute within 60 days from the date of the order was affirmed.

Brief facts giving rise to this petition are that respondent filed a criminal complaint under Section 138 of N.I. Act before the Court of Judicial Magistrate First Class, Indore. After registration of the criminal case against the applicants, respondent filed an application under Section 143(A) of N.I. Act seeking 20% amount of the cheque in dispute as interim compensation. Learned Trial Court vide impugned order dated 05.05.2022 allowed respondent's application and directed the applicants to deposit the aforesaid 20% amount i.e., Rs.2,10,000/-

within 60 days from the date of the order. Applicants filed criminal revision before the Court of 13th Additional Sessions Judge, Indore which was dismissed vide impugned order dated 28.07.2022, being aggrieved by the said order, this petition has been filed.

Learned counsel for the applicants submits that the cheque in dispute amounting Rs.10,50,000/- was given by the applicants in the year 2017 to the respondent as security and has stated that applicants never took any amount from the respondent. Applicants are not liable to repay any amount to the respondent then also he was making false increase in the cheque given by the applicants as security and filed criminal complaint against the applicants. Learned Trial Court without mentioning any reason allowed respondent's application filed under Section 143(A) of N.I. Act directing the applicants to deposit 20% of the amount of cheque in dispute as interim compensation. Learned Revisional Court also affirmed the aforesaid order without any base. Both the impugned orders are not sustainable in law, therefore, the same be set

Signature Not Verified Signed by: VIBHA PACHORI Signing time: 12/7/2022 10:24:50 AM

aside. In support of his contention, he has placed reliance on the judgments passed by the High Court of Judicature at Bombay, Nagpur Bench at Nagpur in the case of Mr. Ashwin Ashokrao Karokar VS. Mr. Laxmikant Govind Joshi (Criminal WP No.48/2022 pronounced on 07.07.2022 and passed by the High Court of Delhi at New Delhi in the case of M/S JSB CARGO AND FREIGHT FORWARDER PVT. LTD & ORS VS. STATE & ANR. (CRL.M.C.2663/2021 pronounced on 20.12.2021).

Heard learned counsel for both the parties at length and perused the record.

In the instant case, although applicants have taken the defence that the cheque in dispute was given as security in the year 2017, therefore, allegations alleged against them that they gave aforesaid cheque in the year 2018 against any liability in itself becomes doubtful. But as the applicants themselves have admitted that the cheque in dispute was signed by the applicants and had been given to the respondent, therefore, burden shifts on them that the same was given as security to the respondent. Prima facie case is in favour of respondent. Hence, learned Trial Court as well as Revisional Court have not committed any error in allowing the respondent's application filed under Section 143(A) of N.I. Act. Petition is devoid of merits and deserves to be dismissed and is hereby

dismissed.

(SATYENDRA KUMAR SINGH) JUDGE SJ

Signature Not Verified Signed by: VIBHA PACHORI Signing time: 12/7/2022 10:24:50 AM