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2024 Supreme(Bom) 449

N. J. JAMADAR
Bajaj Constructions Through Its Sole Proprietor Mr. Manish Bajaj – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Mr. Niranjan Mundargi a/w Manisha Prajapati, i/b Dhiren Shah, for the Petitioner; Mr. Prashant Jadhav, APP for the State/Respondent No.1. Mr. Sayaji Nangre, for Respondent No.2.

JUDGMENT

N. J. Jamadar, J. - Rule. Rule made returnable forthwith and with the consent of the counsel for the parties, heard finally.

2. This petition under Article 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973 takes exception to a judgment and order dated 19th August, 2023 passed by the learned Additional Sessions Judge, Greater Bombay, in Criminal Revision Application No.400 of 2023, whereby the learned Additional Sessions Judge allowed the revision setting aside an order passed by the learned Metropolitan Magistrate, 30th Court, Kurla, on 10th April, 2023 rejecting an application (Exhibit-11) for direction to pay interim compensation under Section 143A of the Negotiable Instruments Act, 1881 ("NI Act, 1881"), and direct the petitioner - accused to deposit 20% of the amount of the cheques by way of interim compensation.

3. Shorn of superfluities, the background facts necessary for the determination of this petition can be stated as under:

    (a) For the sake of clarity and convenience, parties are hereinafter referred to in the capacity in which they are arrayed before the learned Magistrate in CC No.97/SC/2022.

(b) Mr. Shakeel Khan - respondent

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