Jagannath Tanaji Waghmare v. Ramrao Bappaji Kakde

(1) criwp1104.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 955 CRIMINAL WRIT PETITION NO.1104 OF 2022 JAGANNATH TANAJI WAGHMARE

VERSUS

RAMRAO BAPPAJI KAKDE Mr. Nikhilesh K. Tungar, Advocate for the petitioner Mr. M. P. Kale, Advocate for the respondent CORAM : KISHORE C. SANT, J.

DATE: 02nd DECEMBER, 2022 P. C.

1.

Heard the learned advocate for the parties.

2.

The petitioner is challenging the order dated 09-062022 whereby the petitioner/accused is directed to pay 20% of the cheque amount. Cheque amount is Rs.11,50,000/- and 20% of amount comes to Rs.2,30,000/- towards interim compensation. It is the submission of the learned advocate for the petitioner that this amount is exorbitant. He has already deposited 10% amount of the cheque and he prays for quashing and setting aside the said order.

(2) criwp1104.22 3.

Learned advocate for the respondents opposed the prayer. He submits that court has jurisdiction in view of Section 143-A N. I. Act & the court has rightly used the discretion power and unless the court exceed the power no interference can be caused. No case is made out to quash and set aside. 4.

Considering that the learned court below has exercised the power vested in it, this court does not find any reason causing interference in the impugned order. There is no merit in the petition. The Criminal Writ Petition is, therefore, dismissed.

5.

Interim relief, if any, stands vacated.

[KISHORE C. SANT, J.] VishalK/criwp1104.22