Ravinder Singh v. Raj Behal Alias Raj

 

  
    
 


 

 



    !



 


#! 

 
   !

 

 

  !$



!



#  $   "% && '

(  ) )+ $ * * ! !,-&.&

#  )/

$ 0 /1  /1)

3 !$4 5 *  &&6 (  3!5 6+ 47 

$ 5 , 8$

4 

9$ :

";

  


  *

$ * -  4  $ * 

*  

 - 4 / .    *   4   7     > *  $ 9

  7  / %   

#

      ,< ! ""#.''

 #& "# # / &%"""""=- *  )  9 5 



? !$ 

4$)  7* @  49  

  * )8  5 )  49 **  "'

# '

 *   &" "'

#   *  A  *9 7* A *

!

  
   




-*  $ :

";



(+   7B (4+


&'# * :

";

B (+    $

$ !  !   

%

7  $     $ 47  4 $

  49 -   ?



$ A








  7 

** 4$ * *  $



 

>

  

 

CThe complainant has alleged that the accused had borrowed a sum of Rs. 9,50,000/ for business and domestic purpose on dated 02.08.2022 with the undertaking of returning the same within period of 7 months and when on dated 01.03.2023, the complainant demanded back the said amount, then the accused again requested the complainant to pay her Rs. 6,50,000/ more for their business needs and further promised to issue post dated cheque for total amount of Rs. 16,00,000/ and then the complainant paid more Rs. 6,50,000/ on 01.03.2023 and on the same date, the accused issued cheque in question to the complainant which on presentation had returned back with the memo "Funds insufficient".

However the accused in his reply to the application under Section A of NI Act had denied of receiving any such amount from the complainant and the fact of issuance of any such cheque to the complainant. He has come up with the plea that a blank cheque of the accused was in possession of one Kulwinder Singh who had taken the said cheque as a security in lieu of committees and the said cheque is being misused by him through complainant. The complainant in order to make the payment of Rs. 16 lacs has not placed on record any such document. He has not even placed on record his bank statement regarding withdrawl Rs. 9.5 lacs from his Bank account on different dates as pleaded in the complaint.

The complainant was required to convince the Court regarding the existence of prima facie case in order to claim the compensation under Section 143 A of the NI Act which he has not able to do so. Hence, I am of the considered opinion, no prima facie case is made out in favour of the complainant for grant of compensation under Section 143 A of NI Act.

In this view of the matter and without commenting anything upon he merits of the case, the application in hand stands dismissed."

 8$ $$   $  (+  $  B

(4+ $ 41 

B (+   < * $

B (+  7 4$ $ B (+    $ 

&'# B ($+  - * 


.

  $ * 

  :* 
 !

 !

 

&"

D    :   7 A   $ $         $ 

A   < *

 **  **7    7   

&&

D     *

 && &#.

  $ $7 4 4  47 A  
    
  

          

   

  

 





7 *7 A)4 A$ E

,$ 8$ 8

 D @ 

   ,  ,

%%#= 

% && 

"51.....it becomes apparent that the provision of Section 143 A of the NI Act, 1881 has essentially to be held to be 'directory' and cannot be termed to be 'mandatory' to the effect that the Trial Court has mandatorily to award the interim compensation under Section A of the NI Act, 1881 in all proceedings tried under Section 138 of the NI Act, 1881 on the mere invocation thereof by a complainant and thereby order in terms of Section 143(2) thereof, the interim compensation to the tune of 20% of the amount of the cheque invoked."

 

 &'#-  !5 7   5  * 

7 &'

 

 !"

#$%"&"$& '&%'&""

(& ( + A$ E 

"53.

Furthermore, the observations of the learned Trial Court to the effect that even if it be assumed that the provisions of Section 143A of the NI Act, 1881 is discretionary in nature, the Court is still clothed with the powers to grant interim compensation to the complainant after providing sufficient reasons, it is essential to observe that the award of interim compensation in terms of Section 143A of the NI Act, 1881 has to be after providing sufficient reasons and whilst taking the same into account, the determination of interim compensation directed to be paid by the petitioners herein to the extent of the maximum of 20% of the cheque amount to the complainants without even considering the submissions that have been sought to be raised by the petitioners in relation to bank statements of the complainant and without resorting to the provisions of Section 294 of the Cr.

P.C., 1973 cannot be held to be within the contours of Section 143A of the NI Act, 1881 to be with sufficient reasons. Furthermore, there are no inherent powers conferred on a criminal court of a Magistrate dehors enabling provisions of a statute."

%  !

  &
 
 
 !'

@ :*   

  (&+ *9 7* / &%"""""=-     * 4$  * ( +    49 * $  / .  49    *

&%

   *  D   :   7    *  D    $  *$

&>

 7     $* 4 $$     7  *   *   4  7  7  :

!

  $ *7  * $7       1    - $7 

(   !) 

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