NEUTRAL CITATION NO: 2023:DHC:2027

CRL.M.C. 1899/2023 AND CRL.M.C. 1900/2023 Page 1 of 9

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IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Date of decision :20.03.2023

36.

+

CRL.M.C. 1899/2023

ROHITGUPTA

..... Petitioner

Through:

Mr.

Nityanand

Singh,

Mr.

Durgesh Singh and Mr. Saurabh

Upadhaya, Advocates.

versus

VIJAY KUMAR VERMA HUF

..... Respondent

Through:

Mr.

Pranav

Gupta,

Mr.

Siddhant Verma, Mr. Pushkal

Awasthi and Ms. Khushboo

Sharma, Advocates.

37.

+

CRL.M.C. 1900/2023

ROHIT GUPTA

..... Petitioner

Through:

Mr.

Nityanand

Singh,

Mr.

Durgesh Singh and Mr. Saurabh

Upadhaya, Advocates.

versus

VINEET VERMA HUF

..... Respondent

Through:

Mr.

Pranav

Gupta,

Mr.

Siddhant Verma, Mr. Pushkal

Awasthi and Ms. Khushboo

Sharma, Advocates.

Digitally Signed By:KAMAL

KANT MENDIRATTA

Signing Date:22.03.2023

11:15:23

Signature Not Verified

NEUTRAL CITATION NO: 2023:DHC:2027

CRL.M.C. 1899/2023 AND CRL.M.C. 1900/2023 Page 2 of 9

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

RAJNISH BHATNAGAR, J (ORAL)

CRL.M.A. 7229/2023 in CRL.M.C. 1899/2023

CRL.M.A. 7231/2023 in CRL.M.C. 1900/2023

1.

Exemption allowed, subject to all just exceptions.

2.

The applications stand disposed of.

CRL.M.C. 1899/2023 AND CRL.M.A. 7230/2023 (stay) in

CRL.M.C. 1899/2023

CRL.M.C. 1900/2023 AND CRL.M.A. 7232/2023 (stay) in

CRL.M.C. 1900/2023

3.

The present petitions have been filed under Section 482

Cr.P.C. for setting aside the order dated 25.01.2023 passed by

Principal District and Sessions Judge, Dwarka Court in

CR/10/2023 and in CR/11/2023.

4.

It is submitted by learned counsel for the petitioner that

no reasons have been cited by the Trial Court in exercising

discretion while granting the compensation under Section 143A

of NI Act. It is further submitted that in a case, when the order

under Section 143A(1) is passed while exercising discretion

without assigning any reason then it would not be possible for

the revisional/appellate court to see as to under what

circumstances the discretion has been exercised, therefore, it is

argued that the impugned order is liable to be set aside. It is

further argued by learned counsel for the petitioner that there is

nothing on record to show that petitioner has evaded service or

was avoiding the court’s dates or his conduct has gone

Digitally Signed By:KAMAL

KANT MENDIRATTA

Signing Date:22.03.2023

11:15:23

Signature Not Verified

NEUTRAL CITATION NO: 2023:DHC:2027

CRL.M.C. 1899/2023 AND CRL.M.C. 1900/2023 Page 3 of 9

overboard, so the discretion exercised by the Trial Court as per

Section 143A NI Act is unwarranted.

5.

It is also argued that if the accused person has absconded

for a long time or the enforceable debt or liability is borne out

by overwhelming materials, the accused person accepts the debt

or liability partly, or the accused person does not cross examine

the witnesses and keeps on dragging with the proceedings then

the learned trial Court can exercise its jurisdiction under Section

143A(l) of the Act by directing the accused person to pay the

interim compensation of 20% to the complainant. It is further

argued that as the loan money had already been repaid, there

was no obligation of granting any directive to the accused to pay

20% of the cheque amount as interim compensation as that

would amount to 'double jeopardy'. In support of his contention

learned counsel for petitioner has relied upon ‘L. G. R.

Enterprises and Anr. vs. P Anbazhagan’ in Crl. O. P. Nos.

15438 and 15440 of 2019 decided on 12.07.2019 and‘M/s.

JSB Cargo and Freight Forwarder Pvt. Ltd. and Ors vs. State

& Anr.’ inCrl. M.C. 2663/2021 and Crl. M. C. 2730/2021

decided on 20.12.2021 to bring home the point