Kishor Manohar Nanaware v. Sagar Balaso Shinde

80.ia-2546-23 in WP-3636-22.doc SA Pathan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2546 OF 2023 IN WRIT PETITION NO.3636 OF 2022 Kishor manohar Nanaware ... Applicant V/s.

Sagar Balaso Shinde & Anr.

... Respondents Mr. Krishna S. Agarwal, for the Applicant in IA. Mr. Dilip Shinde a/w Mr. M. Mane, for Respondent No.1.

Mr. P. H. Gaikwad, APP for the State-Respondent-2.

CORAM

: AMIT BORKAR, J.

DATED : JULY 17, 2023 P.C.:

1.

The order under review, directs the accused to pay interim compensation of 10% of the cheque amount in exercise of powers under Section 143(A) of the Negotiable Instruments Act, 1881, which confers discretion on the Court to decide quantum of the amount.

2.

On overall consideration of the facts involved in this matter, this Court directed to the accused to pay interim compensation of 10% of the cheque amount. The order being discretionary in SHABNOOR AYUB PATHAN nature, the order cannot be recalled unless there is error apparent SHABNOOR AYUB PATHAN Date: 2023.07.18 12:46:42 +0530 on face of record, which is absent in the present application.

80.ia-2546-23 in WP-3636-22.doc 3.

The interim application is, therefore, rejected. (AMIT BORKAR, J.)