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BOMBAY HIGH COURT
Anil L. Pansare, J
Mr. Waman Kolte – Appellant
Versus
M/s. Krushna Enterprises – Respondent
| Table of Content |
|---|
| 1. petition challenges magistrate's order for interim compensation. (Para 2 , 3) |
| 2. final determination of the petition allowing the appeal. (Para 4 , 7) |
| 3. court observations on the need for adherence to legal precedents. (Para 5) |
| 4. discussion on judicial discretion in interim compensation. (Para 6) |
CORAM : ANIL L. PANSARE J .
DATED : 11 - 10- 202 3 ORAL JUDGMENT Rule. Rule made returnable forthwith. With consent, the petition is heard finally.
2. The challenge is to the order dated 4-1-2023 passed by the Act), Nagpur below Exhibit 12 in S.C.C. No. 131/2020, by which the learned Magistrate has directed the petitioner/accused to deposit 10% of each cheque as interim compensation under Section 143-A of the Negotiable Instruments Act (N.I.Act).
3. The reason put forth is that Section 143-A of the N.I.Act empowers the Court to direct the accused to deposit 20% of the amount of cheque as interim compensation and, thus, the Magistrate has no other option but to allow the application. It is further held that the accused did not deny his signature over the disputed cheque.
4. Learned counsel for the petitioner has rightly pointed out that this order does not consider the law
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