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2022 Supreme(Cal) 802

KAUSIK CHANDA
Indranil Mukherjee – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Mr. Ayan Bhattacharjee, Advocate, Mr. Indrajit Adhikari, Advocate, Mr. Sharequl Haque, Advocate, Mr. Subhajit Manna, Advocate, Mr. Somdev Ash, Advocate, Mr. Suman Majumder, Advocate, for the Appellant; Mr. Sonal Anand, Advocate, for the Respondent.

ORDER

Kausik Chanda, J. - This revisional application has been preferred against an order dated April 3, 2021, passed by the learned Metropolitan Magistrate, 20th Court, Calcutta in CS-6964 of 2019. By the order impugned the learned Magistrate dismissed an application filed under Section 421 of the Code of Criminal Procedure, 1973, seeking recovery of the interim compensation awarded to the petitioner by an order dated March 4, 2020.

2. The relevant facts, which are not disputed by either of the parties before this Court, are as follows.

3. The petitioner filed a complaint under Sections 138/141 of the Negotiable Instruments Act, 1881, against the accused persons for the dishonour of a cheque amounting to Rs.50 (fifty) lakh. The case was transferred to the Court of learned Metropolitan Magistrate, 20th Court, Calcutta, and before the said Magistrate, the petitioner filed an application under Section 143A of the said Act for interim compensation.

4. Learned Magistrate by an order dated March 4, 2020, allowed the said application directing the accused namely, Rajeev Arora (since deceased) to pay interim compensation to the tune of twenty percent of the total cheque amount to the petition

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