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2023 Supreme(P&H) 1766

HARSIMRAN SINGH SETHI
Guru Nanak Pesticides & Fertilizers (M/s) – Appellant
Versus
FMC India Pvt. Ltd. – Respondent


Advocates appeared:
For the Parties : Mr. Vikas Garg, Mr. Nitin Thatai

Table of Content
1. quashing of order for interim compensation. (Para 1)
2. disagreement on award of interim compensation. (Para 2 , 3)
3. court's discretion in awarding compensation. (Para 4 , 5 , 6 , 8)
4. setting aside prior order; remand for reconsideration. (Para 7)
5. timeline for fresh order on interim compensation. (Para 9)

Judgment

Mr. Harsimran Singh Sethi, J.

Present petition has been filed under Section 482 Cr.P.C for quashing of order dated 01.02.2021 (Annexure P/3) passed by the Judicial Magistrate 1st Class, Bathinda directing the petitioner to make payment of 20% of the cheque amount as interim compensation.

2. Learned counsel for the petitioner argues that keeping in view the provisions of the Negotiable Instrument Act, 1881, the Court is empowered to direct for the payment of interim compensation up to 20% of the cheque amount and the language of the relevant Section 143 -A (2) of the Negotiable Instrument Act, 1881 makes it clear that Court has the discretion to award any interim compensation starting from 1% to 20% of the total cheque amount hence, while awarding maximum percentage of the cheque amount envisaged under the Act, the Court has to give valid ustification

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