IN THE HIGH COURT OF JUDICATURE AT BOMBAY AT AURANGABAD BENCH
Y. G. KHOBRAGADE, J
Manoj Abhimanyu Patil – Appellant
Versus
Mansi Labour Suppliers – Respondent
JUDGMENT :
(Y.G. KHOBRAGADE, J.)
1. Rule. Rule made returnable forthwith and with the consent of both the parties heard finally.
2. By the present Petition under Article 226 of the Constitution of India r/w Section 482 of the Criminal Procedure Code, 1973, the Petitioner takes exception to the judgment dated 22.04.2024 passed by the learned Additional Sessions Judge-4, Jalgaon in Criminal Revision Application No. 113/2023, whereby affirmed the order passed by the learned Judicial Magistrate First Class, Jamner, below Exh. 19 on 25.09.2023 in S. C. C. No. 739/2022.
3. The Petitioner is the original accused and Respondent is the original complainant in Summary Criminal Case No. 739/2022. (For the sake of brevity, parties to the present petition hereinafter be referred in their original capacity as “accused ” and “complainant”).
4. Shri Dipak Abhimanyu Patil, the Proprietor of the Complainant firm and accused Shri Manoj Abhimanyu Patil are real brothers. By profession, the accused is Tax Consultant since 2006. On 22.02.2017, the Investment Agreement & Memorandum of Understanding was executed between the accused and Complainant. As per the memorandum of understanding, the accused offered mo
The court affirmed that under Section 143A of the NI Act, the power to award interim compensation is discretionary, requiring evaluation of the merits of the case and the accused's defence.
Interim compensation under Section 143-A of the NI Act is discretionary, requiring consideration of both parties' merits and the opportunity for a defense, which was not provided in this case.
Interim compensation under Section 143A of the NI Act can be granted before trial; the presumption of validity remains even if not all amounts are covered by the cheque.
(1) Provision of sub-section (1) of Section 143A of Negotiable Instruments Act, 1881, which provides for grant of interim compensation, is directory and not mandatory.(2) Non-payment of interim comp....
Interim compensation under Section 143A of the Negotiable Instruments Act can only be ordered after the plea of not guilty is entered, ensuring adherence to the due process in initiating such financi....
Word ‘may’ appearing in Section 143A of Negotiable Instruments Act, 1881 is not discretionary but directory in nature.
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