High Court of Punjab and HaryanaCRM-M/26872/2023disposed of

Baba Garments And Another v. Vijay Kumar

2023-05-26Mr. Justice Harkesh Manuja2 pages

2023:PHHC:076814

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-26872-2023 Date of Decision: May 26, 2023 BABA GARMENTS AND ANOTHER .......Petitioners

Versus

VIJAY KUMAR ........ Respondent CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Mr. B.S. Baath, Advocate for the petitioners. **** HARKESH MANUJA, J. (ORAL) 1.

By way of present petition filed under Section 482 CrPC, prayer has been made for quashing of order dated 24.03.2023 passed by the Court of Judicial Magistrate First Class, Gurdaspur whereby the petitioner has been directed to deposit interim compensation to the tune of 15% of cheque amount which forms part of complaint No. NACT/241/2022 dated 25.05.2022 filed at the instance of respondentcomplainant. 2.

Learned counsel for the petitioner submits that the petitioner has raised reasonable and plausible defence against the case set up in the complaint while objecting to grant of interim compensation, however, the plea raised by petitioner has not been properly appreciated and dealt with by the trial Court. He further submits that the petitioner never ever borrowed any amount from the complainant, however, the cheque in question was issued as security at the asking of one Naresh kumar who happened to be an old-known friend of the petitioner.

I have gone through the order passed by trial Court, though, I do not find any illegality or perversity in the discretion TEJWINDER SINGH 2023.05.30 09:35 I attest to the accuracy and integrity of this document

2023:PHHC:076814 CRM-M-26872-2023 -2exercised by the Court below, however, considering the plea raised by the petitioner while objecting to the grant of interim compensation, besides keeping in view the interest of justice, the impugned order dated 24.03.2023 passed by the Court of JMIC Gurdaspur is ordered to be modified to an extent that the petitioner shall deposit 10% of cheque amount instead of 15% as ruled in the impugned order. 4.

Disposed of in the aforesaid terms.

The present petition is being disposed of without issuance of any notice to respondent as the same would delay the disposal of complaint and also burden the complainants with unnecessary cost of litigation.

26.05.2023 (HARKESH MANUJA) tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No TEJWINDER SINGH 2023.05.30 09:35 I attest to the accuracy and integrity of this document