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2023 Supreme(Bom) 2249

PRAKASH D. NAIK
Vijay Vasant Harmalkar – Appellant
Versus
Prashant Parab – Respondent


Advocates appeared:
Preetam Talaulikar, Advocate, Deepak Gaonkar, Advocate

JUDGMENT/ORDER

1. Heard both sides.

2. Common issue is involved in both petitions. Parties are same. Hence, petitions are disposed off by common order.

3. The petitioner in both the petitions is the original complainant. Complaints are filed for an offence under Sec. 138 of the Negotiable Instruments Act, 1881. Respondent is arrayed as accused in the complaints.

4. Criminal Case no. OA/179/NIA/2020/F is pending before the Court of learned Judicial Magistrate First Class, Mapusa. The complaint relates to the dishonour of cheque issued by respondent for an amount of Rs.16,41,900.00. It was dishonoured with bank endorsement 'drawer's signature differs'. Legal notice was issued to the accused. Reply was posted by accused denying the facts. Complaint was filed for an offence under Sec. 138 of the Negotiable Instruments Act, 1881, (herein after referred to as 'NI Act'). Process was issued. Pursuant to service of summons, the respondent/accused appeared before the Court. The petitioner/complainant filed an application under Sec. 143-A of the NI Act seeking direction to the accused to pay interim compensation to the complainant in terms of Sec. 143-A of the NI Act. The application was opposed

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