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SUSMITA PHUKAN KHAUND
Gopiram Chetram – Appellant
Versus
Kejriwal Sugar Agencies Pvt. Ltd. – Respondent
JUDGMENT :
(Susmita Phukan Khaund, J.)
Heard Mr. Bhaskar Dutta, learned Senior Counsel for the petitioner assisted by learned counsel Mr. S. Deka. Also heard Mr. H. Ali, learned counsel for respondent Nos.1, 2 and 3.
2. This is a batch of matters before me arising out of the same cause of action and the matters are disposed off with this common judgment and order.
3. The petitioner M/s Gopiram Chetram is a partnership firm with its office and place of business at Siding Bazaar, Tinsukia and is represented by one of its partner/power of attorney holder, namely, Sri. Sanwarmal Agarwal. The respondents in this case are Kejriwal Sugar Agencies Private Limited, Sri. Surya Prakash Kejriwal and Smti Sangeeta Kejriwal respectively. The respondent No. 1 Kejriwal Sugar Agencies Private Limited is represented by respondent No. 2 Sri. Surya Prakash Kejriwal and respondent No. 3 Smti Sangeeta Kejriwal with their office at Vinayak Complex 55/1A Strand Road, 3rd Floor, opposite Mayo Hospital at Kolkata.
4. The petitioner has filed the petitions under section 482 of the Code of Criminal Procedure, 1973 (Cr.PC for short) seeking quashing and setting aside the impugned orders dated 04.07.2023 passed
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....
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 143-A of the NI Act requires a prima facie evaluation of the merits of the case; if disputes exist regarding cheque validity, compensation should not be granted.
The court held that interim compensation under Section 143-A of the NI Act requires a prima facie case evaluation, leading to the quashing of the trial court's order due to existing disputed facts.
Word ‘may’ appearing in Section 143A of Negotiable Instruments Act, 1881 is not discretionary but directory in nature.
Section 397 empowers Court of Sessions or even this Court to examine record of any proceeding before any inferior Criminal Court against closure of any proceeding.
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