Point of Law : Section 294 of the Cr.P.C., 1973 is applicable to the proceedings in relation to complaints filed under Section 138 of the NI Act, 1881

JUDGMENT :

Anu Malhotra, J.

1. The petitions bearing CRL.M.C. No.2663/2021 and CRL.M.C.No.2730/2021 are being taken up together as they assail the consolidated order dated 21.09.2021 of the learned Metropolitan Magistrate (NI Act), Digital Court-01, PHC/New Delhi in CC No.CC NI Act 12-20 titled as “SAVITA SURYAVANSHI Vs. M/S JSB CARGO AND FREIGHT FORWARDER PVT LTD” and in CC No.CC NI Act 100-20 titled as “SUNEEL SURYAVANSHI Vs. M/S JSB CARGO AND FREIGHT FORWARDER PVT LTD”.

2. The petitioners herein i.e. M/S JSB CARGO AND FREIGHT FORWARDER PVT. LTD. i.e. the petitioner no.1 of whom Mr.Vipin Tondak and Mrs. Kunti Devi arrayed as the petitioner nos.2 & 3 thereof are stated to be the directors thereof as per the complaints i.e. CC NI Act 12-20 and CC NI Act 100-20 filed by the respondent before the learned Trial Court under Section 138 r/w Section 142 of the NI Act, 1881 were summoned as co-accused therein.

3. Both the said complaints relate to alleged dishonour of the cheques i.e. cheque bearing no.000430 in relation to CC NI Act 12-20 in which the complainant is Mrs. Savita Suryavanshi arrayed as respondent no.2 to CRL.M.C.2730/2021 of which the cheque amount was Rs.7692000/- and in relation to CC NI Act 100-20 in which the complainant is Mr.Suneel Suryavanshi arrayed as respondent no.2 to CRL.M.C.2663/2021 of which the cheque bearing no.000431 was for an amount of Rs.5340000/-.

4. Vide the said consolidated impugned order, the learned Trial Court on an application under Section 143A of the Negotiable Instruments Act, 1881 (hereinafter referred to as the NI Act, 1881) filed by the complainants seeking the grant of interim compensation pursuant to the accused persons having pleaded not guilty to the notice under Section 251 of the Cr.P.C., 1973 on 29.01.2021 sought the grant of interim compensation from the accused and the learned Trial Court directed vide paragraphs 16 & 17 of the impugned order to the effect:-

“16. In the event of acquittal of the accused persons in the present cases, the complainants shall be directed to repay the amount to the accused persons with interests at the prevailing bank rate, as provided in Section 143-A(4) of the NI Act.

17. The present applications moved by the complainants seeking interim compensation stand disposed as allowed. The accused persons are jointly and severally directed to pay a consolidated amount of Rs. 26,06,400/- in the above-captioned matters. In the event of any default on the part of accused to pay the amount, the complainant is at liberty to initiate appropriate proceedings as provided u/S 143-A(5) of the Negotiable Instruments Act, 1881.”

5. The complainants had contended that the petitioners and the complainant were related and that the accused person namely Mr. Vipin Tondak arrayed as the petitioner no.2 to both CRL.M.C.2663/2021 & CRL.M.C.2730/2021 had stated that he would like to settle the matter in mediation and that despite repeated attempts of the complainants before the Mediation Cell to settle the present matters with the accused persons, the accused persons did not attend the Mediation proceedings, on one pretext or the other and thus, the Mediation proceedings which were fixed thrice on 15.02.2021, 17.02.2021 as well as 19.02.2021 could not fructify, due to the dilatory tactics adopted by the accused. The complainants had also urged that they were regularly paying bank instalments for the loan they took, to lend money to the accused persons but the accused persons had not refunded any amount to the complainants with it having also been submitted by the complainants that the accused persons had expressly acknowledged the existence of debts towards the complainants as well as the issuance of the cheques, which form the subject matter of the present complaints.

6. The complainants had further contended that the ingredients of Section 143A of the NI Act, 1881 were made