R & K Udyog And ANR v. Anand Kumar

CRM-M-25018-2024 (O&M) 204/14

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-25018-2024 (O&M) Date of Decision: 18.04.2026 R & K UDYOG AND ANOTHER ... PETITIONERS

VERSUS

ANAND SHARMA ... RESPONDENT CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Mr. Vikram Singh, Advocate for the petitioners. Mr. Rahul Deswal, Advocate for the respondent. H.S. GREWAL, J. (ORAL) 1.

This present petition has been filed under Section 482 of Cr.P.C for quashing of order dated 16.03.2024 (Annexure P-5) passed by learned Judicial Magistrate First Class, Karnal granting interim compensation by a consolidated common order to the tune of 10% of the cheque amount to the respondent/complainant under Section 143A of the Negotiable Instruments Act, 1881 in complaint no. NACT No. 1731 of 2022, titled as "Anand Kumar Vs. R and K Udyog etc." without a formal consolidation of all the 14 Complaint Cases (bearing NACT-1727 to 1733 of 2022 and 1750 to 1756 of 2022).

2.

Briefly, the facts of the case are that the respondent had issued a cheque bearing No. 955231 dated 23.02.2022 in the sum of Rs.3,00,000/- drawn on Punjab National Bank, Gagret (Una) Himachal. The said cheque was dishonoured with the remarks 'Funds Insufficient'. Consequently, the complaint was filed against the respondent and the same was partly allowed with the direction to the petitioners to deposit 10% of the cheque amount as interim compensation in respect of the liability arising from the dishonoured JANKI BHATT 2026.04.24 18:02 I attest to the accuracy and integrity of this document High Court Chandigarh

CRM-M-25018-2024 (O&M) cheques in 14 complaints.

3.

Learned counsel for the petitioners submits that while passing the impugned order, the learned trial Court failed to take into consideration the financial condition of the petitioners and mechanically awarded interim compensation at the rate of 10%. Learned counsel upon instructions from the petitioner submits that he is ready and willing to deposit 5% of the compensation amount.

4.

Learned counsel for the respondent submits that he has no objection in case the interim compensation is reduced from 10% to 5% of the cheque amount.

5.

I have heard learned counsel for the parties and have carefully gone through the material available on record.

6.

Considering the facts and circumstances of the case, particularly the financial condition of the petitioners and the nature of the proceedings, this Court is of the view that the ends of justice would be adequately met if the quantum of interim compensation is reduced.

7.

Accordingly, the present petition is disposed of and order dated 16.03.2024 (Annexure P-5) passed by learned Judicial Magistrate First Class, Karnal is modified to the extent that the petitioners shall deposit interim compensation at the rate of 5% of the cheque amount instead of 10%. The said amount shall be deposited before the trial Court on the next date of hearing. The petitioners further undertake that they will appear regularly before the learned trial Court and shall not seek adjournments/exemption from appearance. 8.

Pending application(s) shall stand disposed of accordingly. (H.S.GREWAL) 18.04.2026 JUDGE Janki Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No JANKI BHATT 2026.04.24 18:02 I attest to the accuracy and integrity of this document High Court Chandigarh