Ramachandra Hunasikatti v. Niraj Kumar Ladsaria

01.08.2023 Serial no. 88 [G.S.D] CRR 2778 of 2023 In the matter of : Ramachandra Hunasikatti ... ... Petitioner Mr. Ayan Bhattacharjee Mr. Nirmalya Chatterjee ... For the Petitioner Mr. Bhattachrjee, Learned Advocate for the petitioner, draws the attention of this Court to the order dated 24.4.2023 passed by the Learned Judicial Magistrate, 1st Court, Sealdah in Case No. NI Act 51 of 2019, wherein the Learned Court while exercising its power under Section 143A of the N.I. Act took the amount of the cheque to be Rs.9,02,669/- instead of Rs.45,13,345/-.

The Learned Judicial Magistrate, 1st Court, Sealdah would reconsider the order dated 24.4.2023 by taking into account the total quantum involved in respect of the dishonoured cheque and, thereafter, apply the issue relating to percentage to be paid as interim compensation. The petitioner is granted liberty to communicate this order to the Learned Judicial Magistrate, 1st Court, Sealdah. The Learned Judicial Magistrate, 1st Court, Sealdah would, within a period of sixty days from the date of communication of this order, decide afresh regarding the issue relating to

interim compensation awarded under Section 143A of the N.I. Act.

With the above observations, CRR 2778 of 2023 is disposed of.

Pending application, if any, is also disposed of. Parties to act on a server copy of this order, duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)