Rajkumar vs Bhupendra
2024 Latest Caselaw 21031 MP

Madhya Pradesh High Court

Rajkumar vs Bhupendra on 2 August, 2024

                                                             1                     MCRC-23626-2024
                                IN    THE     HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                           BEFORE
                                         HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
                                                 ON THE 2 nd OF AUGUST, 2024
                                            MISC. CRIMINAL CASE No. 23626 of 2024
                                                          RAJKUMAR
                                                            Versus
                                                          BHUPENDRA
                           Appearance:
                                Shri Pooja Varma - Advocate for the applicant.

                                                              ORDER

This petition under section 482 of Cr.P.C,1973 assailing the impugned order dated 27.07.2023, whereby an application under Section 143-A of Negotiable Instruments Act, 1881 (hereinafter referred as, 'the Act) has been allowed and applicant has been directed to deposit 10% of the Cheque amount to the tune of Rs. 63,000/-.

Learned counsel for the applicant submits that the case under section 138 Negotiable Instruments Act, has been registered against the applicant on at the behest of complainant Bhupendra. Relying upon the Judgment of

Apex Court dated 15.03.2024 in Criminal Appeal No. 741 of 2024 (Rakesh Ranjan Shrivastava Vs. The State of Jharkhand and Others) learned counsel for the applicant submits that this order has been passed without assigning any reasons for allowing the application under section 143-A the Act, and therefore, he prays for setting aside the order by allowing this petition.

2 MCRC-23626-2024 Heard learned counsel and perused the record. Thereof, in Rakesh Ranjan Shrivastava (Supra) in para 19 Hon'ble Apex Court has given broad parameters for disposing of the application under section 143-A the Act. One of the parameters is that complainant should make out prima facie case and plausible defence of the accused should also be kept in mind while giving interim compensation.

Learned trial Court is also required to record brief reasons for allowing the application touching the stones of above parameters. Impugned order is vulnerable as no reason has been assigned in the impugned order for granting the interim compensation. Therefore, this petition is allowed. Impugned order is set aside with a direction to the trial

Court that after affording reasonable opportunity for hearing of the both the parties.

The application under section 143-A the Act, be adjudicated as afresh in accordance with the parameters set by the Apex Court in the aforesaid judgements.

Accordingly, the petition stands disposed of. C.c as per rules.

(BINOD KUMAR DWIVEDI) JUDGE

A.singh