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2024 Supreme(MP) 179

SUBODH ABHYANKAR
Eternal Motor Pvt. Ltd. Maruti Suzuki Dealer – Appellant
Versus
Kailash – Respondent


Advocates:
Advocate Appeared:
Abhijeet Dube for petitioners; Vishal Baheti for respondent.

ORDER

1. This Miscellaneous Criminal Case has been filed by the petitioners under section 482 of the Cr.P.C., against the order dated 20.1.2024, passed by the IX Additional Sessions, Indore in CRR No.665/2023 whereby, the revisional court affirmed the order dated 3.8.2023, passed by the Judicial Magistrate First Class, Indore in SC NIA No.7627/2022 whereby, the application filed by the complainant under Section 143-A of the Negotiable Instrument Act, 1881 (hereinafter referred to as “the Act of 1881”) has been allowed.

2. In brief, the facts of the case are that a complaint has been filed by the respondent-Kailash under section 138 of the Act of 1881, on account of dishonour of cheque of Rs.1,00,00,000/- (Rupees One Crore), and the case is at the stage of recording of evidence. In the said proceedings, an application was filed by the complainant/respondent under section 143-A of the Act of 1881, seeking 20% of the amount of cheque as interim compensation which was allowed by the Judicial Magistrate vide its order dated 3.8.2023, while holding that the defence set up by the petitioner is a disputed question of fact and can only be decided during the trial court. When the aforesaid ord

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