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2023 Supreme(Bom) 2310

ANIL LAXMAN PANSARE
Guljama Shah Jahir Shah – Appellant
Versus
Shri Sadguru Kaka Stone Crusher – Respondent


Advocates appeared:
R.D.Dhande, Advocate, Bhavin Suchak, Advocate

JUDGMENT/ORDER

1. Rule. Rule, returnable forthwith. Heard finally, with the consent of the learned counsel for the respective parties.

2. By means of this Petition, the petitioner is challenging the order dtd. 20/12/2022 (Exh.19) passed by learned Judicial Magistrate, First Class, Khamgaon in Summary Criminal Case No.694/2022 thereby allowing the application filed by the respondent/original complainant under Sec. 143A of the Negotiable Instruments Act, 1881 (in short 'N.I.Act') awarding interim compensation to the tune of 20 per cent of the cheque amount of Rs.15, 45, 500.00 and thus directing the petitioner/ accused to deposit an amount of Rs.3, 09, 100.00 within a period of sixty days. The parties will be hereinafter referred to by their original nomenclature.

3. Inviting my attention to the judgment passed by the coordinate Bench of this Court, in the case of Ashwin Ashokrao Karokar vs. Laxmikant Govind Joshi, reported in 2023 (1) Mh.L.J. 147, Mr. R. D. Dhande, the learned counsel for the accused submits that while deciding the Application u/s 143A of the N.I.Act, the Court has to assign reasons for awarding interim compensation which can be anywhere up to 20% of the cheque amoun

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