Gunta Santhosh vs The Sate Of Telangana
2023 Latest Caselaw 1664 Tel

     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

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

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