Rakesh Ranjan Shrivastava vs State Of Jharkhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 229

ABHAY S. OKA, UJJAL BHUYAN
Rakesh Ranjan Shrivastava – Appellant
Versus
State Of Jharkhand – Respondent

Advocates appeared:
For the Appellant(s) : Mr. Shubham Bhalla, AOR Mr. Rajnish Ranjan, Adv. Mr. Yajur Bhalla, Adv. Ms. Gauri Bedi, Adv. Ms. Anchita Nayyar, Adv. Ms. Akansha Gulati, Adv. Ms. Ragini Sharma, Adv. Mr. Rohan Chanda, Adv. Mr. Alex Noel Dass, Adv. Mr. Rohit Pandey, Adv.
For the Respondent(s): Mr. Prateek Yadav, Adv. Mr. Mohd. Shahrukh, Adv. Mr. Yogesh Yadav, Adv. Mr. Pati Raj Yadav, Adv. Ms. Pratima Yadav, Adv. Ms. Akansha Singh Yadav, Adv. Mr. Ranbir Singh Yadav, AOR Mr. Vishnu Sharma, Adv. Ms. Madhusmita Bora, AOR Mr. Pawan Kishore Singh, Adv. Mr. Dipankar Singh, Adv. Mrs. Anupama Sharma, Adv.

Judgement Key Points

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JUDGMENT :

ABHAY S. OKA, J.

1. The issue involved in this criminal appeal is whether the provision of sub-section (1) of Section 143A of the Negotiable Instruments Act, 1881 (for short, ‘the N.I. Act’), which provides for the grant of interim compensation, is directory or mandatory. If it is held to be a directory provision, the question that arises is, what are factors to be considered while exercising powers under sub-section (1) of Section 143A of the N.I. Act.

FACTUAL ASPECTS

The case of the 2nd respondent in the Complaint

2. The 2nd respondent (hereinafter referred as ‘the respondent’) is the complainant in a complaint under Section 138 of the N.I. Act. The complaint was filed in the Court of the Chief Judicial Magistrate at Bokaro. The case in the complaint is that the appellant and the respondent formed various companies on different terms and conditions regarding profit sharing. On 23rd September 2011, an appointment letter was issued by the appellant in his capacity as the Managing Director of the company M/s Thermotech Synergy Pvt. Ltd. and on behalf of a proprietary concern, M/s Tech Synergy, by which the post of Executive Director was offered by the appellant to the responde

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2024 Supreme(SC) 229

ABHAY S. OKA, UJJAL BHUYANRakesh Ranjan Shrivastava – AppellantVersusState Of Jharkhand – Respondent

Cases Referred (2)

ABHAY S. OKA, UJJAL BHUYAN
Rakesh Ranjan Shrivastava – Appellant
Versus
State Of Jharkhand – Respondent