New Adithyasai Enterprises vs The State Of Telangana
2023 Latest Caselaw 1334 Tel

                                  1




       THE HONOURABLE SRI JUSTICE K.SURENDER

     CRIMINAL PETITION Nos.2839 AND 2865 OF 2023

COMMON ORDER:

      These Criminal Petitions are filed under Section 482 of the

Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the

petitioners - accused Nos.1 and 2 to quash the orders passed in

Crl.M.P.Nos.575 of 2019 and 54 of 2020 in C.C.Nos.510 of 2018 and

511 of 2018 respectively, by the learned Judicial I Class Magistrate

at Yellandu.


2.    Heard learned counsel for the petitioners and learned

Additional Public Prosecutor for the State. Perused the record.


3.    The 2nd respondent - de facto complainant is prosecuting the

petitioners for the offence punishable under Section 138 of

Negotiable Instruments Act (for short 'N.I. Act') vide C.C.Nos.510 of

2018 and 511 of 2018. During the pendency of said calendar cases,

Crl.M.P.Nos.575 of 2019 and 54 of 2020 in C.C.Nos.510 of 2018 and

511 of 2018 respectively, were filed by the 2nd respondent praying

the Court concerned to grant Rs.4,00,000/- i.e., 20% of the cheque

amount towards interim compensation from the accused. The

learned Magistrate by order dated 24.01.2023 allowed both the

applications directing the accused to pay an amount of Rs.4,00,000/-

to the petitioner/complainant towards interim compensation within

60 days from the date of said orders, under Section 143(A) of N.I.

Act.

4. Learned counsel appearing for the petitioners would submit

that there are no reasons given by the learned Magistrate while

granting compensation and the present orders reflect non-

application of mind by the learned Magistrate and no tenable

reasons are given for granting compensation. Further, learned

counsel relied upon the judgment of High Court of Bombay (Nagpur

Bench) in case of Ashwin Ashokrao Karokar vs. Laxmikant Govind

Joshi in Criminal Writ Petition Nos.48 and 71 of 2022.

5. As seen from the orders, the learned Magistrate found that

the amount was taken for the purpose of business development by

the petitioners and after 251 Cr.P.C. examination, it was represented

that the cheques were fabricated and prayed to dismiss the

applications.

6. Since both the calendar cases are of the year 2018 and

utmost the witnesses would be examined in a 138 N.I. Act case

would be the complainant and another witness. In the said

circumstances, when the cases are pending for the last five (05)

years, this Court deems it appropriate to direct the Court concerned

to dispose off both the calendar cases as expeditiously as possible,

within a period of four (04) months, in accordance with law, from

the date of receipt of a copy of this order.

7. With the above observation, both the Criminal Petitions are

disposed of.

Miscellaneous applications pending, if any, shall stand closed.

_____________ K.SURENDER, J Date: 20.03.2023.

rev/gv