High Court of Punjab and HaryanaCRM-M/58317/2022disposed of

Satinder Pal Singh v. State Of Punjab And Another

2022-12-14Mr. Justice Jagmohan Bansal2 pages

THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-58317-2022 Date of Decision: 14.12.2022 Satinder Pal Singh

...Petitioner

Versus

State of Punjab and Another

...Respondents

CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present:- Dr. Sumati Jund, Advocate, for the petitioner Mr.Amish Sharma, AAG, Punjab ***** JAGMOHAN BANSAL, J. (Oral) The petitioner through instant petition under Section 482 Cr.P.C is seeking quashing of order dated 14.10.2022 (Annexure P-2) whereby JMIC, S.A.S. Nagar, in Complaint No.NACT-934-2019 registered under Section 138 of the Negotiable Instruments Act, 1881 has allowed the application of respondent No.2 filed under Section 143-A of Negotiable Instruments Act.

Learned counsel for the petitioner submits that trial court has passed impugned order in a mechanical manner and it is not a reasoned/speaking order. The petitioner is not in a position to deposit 10% of cheque amount which comes to Rs.5 Lacs. The mandate of Section 143-A of Negotiable Instruments Act, 1881 is directory in nature. Sub-Section (2) of Section 143-A prescribes maximum amount i.e. 20%, however, there is no lower limit.

I have perused the impugned order as well heard the arguments of the learned counsel for the petitioner. The present petition is bereft of merit and deserves to be dismissed.

MOHIT KUMAR 2022.12.14 16:50 I attest to the accuracy and authenticity of this order/judgment

CRM-M-58317-2022 -2Learned trial court has passed a well-reasoned and speaking order. Learned trial court has considered judgment passed by this Court, intent and purport of Section 143-A of Negotiable Instruments Act and thereafter directed the petitioner to deposit 10% of cheque amount. The trial court is competent to order to deposit upto 20% of cheque amount whereas trial court has directed to deposit 10% which in no way can be called as unreasonable or onerous amount. Faced with this situation, learned counsel for the petitioner seeks two months time to comply with impugned order dated 14.10.2022 passed by trial court.

The petitioner is permitted to comply with impugned order dated 14.10.2022 by 31.01.2023.

Disposed of in above terms.

(JAGMOHAN BANSAL) JUDGE 14.12.2022 Mohit Kumar Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHIT KUMAR 2022.12.14 16:50 I attest to the accuracy and authenticity of this order/judgment