Rahis vs Aamna
2024 Latest Caselaw 8406 P&H

Punjab-Haryana High Court

Rahis vs Aamna on 22 April, 2024

Author: Sandeep Moudgil

Bench: Sandeep Moudgil

                                           Neutral Citation No:=2024:PHHC:053968


134                                                           2024:PHHC:053968
               IN THE HIGH COURT OF PUNJAB AND HARYANA
                            AT CHANDIGARH

                                          CRM-M-19658-2024
                                          DECIDED ON: 22.04.2024

RAHIS
                                                                      .....PETITIONER
                                         VERSUS
AAMNA
                                         .....RESPONDENT
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL.

Present:       Mr. Vinay Kumar Pandey, Advocate
               for the petitioner.

               *****

SANDEEP MOUDGIL, J (ORAL)

1. The jurisdiction of this Court under Section 482 Cr.P.C. has been

invoked seeking quashing of impugned order dated 05.02.2024 (Annexure P-7)

passed by learned Judicial Magistrate Ist Class, Nuh in a complaint No. NI-42-

2023, dated 09.02.2023 (Annexure P-4) filed under Section 138 of Negotiable

Instruments Act, 1881 (hereinafter referred to as 'Act') whereby, an application of

the respondent under Section 143-A of the Act has been allowed and the petitioner

was directed to pay a compensation to the tune of 20% of the cheque amount i.e.

Rs.2,00,000.

2. It has been contended by learned counsel for the petitioner that the trial

Court while passing the impugned order (Annexure P-7) has not taken into

considered the argument raised by the petitioner in toto and without even recording

the reasons went to award the interim compensation, which is in violative of the

directions issued by the Apex Court in "Rakesh Ranjan Shrivastava vs. State of

Jharkhand"; 2024 (2) RCR (Criminal) 2379 as well as of the judgment rendered

by this Court in "Anil Kumar R vs. Rishav Exports"; CRM-M-17076-2019,

decided on 29.04.2023.

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Neutral Citation No:=2024:PHHC:053968

3. Having argued at length, at this stage, this Court is of the opinion that

though reply to application under Section 143-A of the Act was filed by the

accused-petitioner, which is on record as Annexure P-6A but defence of the accused

while adjudicating the application for interim compensation has not been addressed.

Since, it is the mandate of law and the intent of Legislature under Section 143-A of

the Act itself. The Court has to cautiously prima-facie evaluate the merits of the

case made out by the complainant while deciding the issue of interim compensation,

which can be granted only if the complainant makes out a prima-facie case.

4. In the light of above, the order dated 05.02.2024 (Annexure P-7) is set

aside and the case is remanded back to the trial Court for adjudicating it afresh in

the light of the afore-said judicial pronouncements wherein, law has been duly

enunciated.

5. Ordered accordingly.

                                                 (SANDEEP MOUDGIL)
22.04.2024                                             JUDGE
Sham



Whether speaking/reasoned        Yes/No
Whether reportable               Yes/No




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