ORDER

% 25.01.2024

1. By way of present petition filed under Section 482 Cr.P.C., the petitioner seeks following prayers :-

“i.

Summon the judicial records of Criminal Complaint No.

12534/20 18 titled as "Virender Grover vs Mainframe Energy Solutions Pvt Ltd & Ors" pending b efore the Hon 'ble Court of M s Moksha Bains , MM (NI Act) -05 , Saket Courts , S outh East District , New Delhi ;

ii.

Summon the judicial records of Criminal Revision No.

333/2023 titled as " Mr Jitendra Narayan V/ s Sh Virender Grover"

iii.

Set aside / quash the impugned order dated 13.09.2023 passed by the Ld Session Judge in Criminal Revision No.333/2023 titled as "Mr Jitendra Narayan V/s Sh Virender Grover"

iv. Set aside/Quash the order dated 21.02.2023 passed under Section 143A of the Negotiable Instruments Act, 1881 directing the Petitioner to pay interim compensation of Rs.80, 000/- to the respondent within 60 days;

v.

Costs of the petition may kindly be awarded in favour of the Petitione;”

2. Learned counsel contends that petitioner has been arrayed as accused in the proceedings initiated by the respondent under Sections 138/141 of the N.I. Act on the ground that petitioner was director and signatory of the subject cheque. He submits that vide the impugned order the petitioner has been directed to pay interim compensation @ 20% of the cheque amount which the petitioner is not liable to pay being not the drawer of the cheque.

In support of his submissions, learned counsel has placed reliance on Lyka Labs Limited & Another v. State of Maharashtra & Anr. 2023 SCC OnLine Bom 560. He further submits that similar question is pending consideration with respect to another cheque between the same parties vide CRL.M.C. 9108/2023, CRL.M.C. 9110/2023 and CRL.M.C. 9117/2023 listed for 20.03.2024 wherein same impugned order has been directed to be stayed.

3. Issue notice to the respondent through all permissible modes, returnable on 20.03.2024 alongwith aforementioned petitions.

4. In the meantime, operation of impugned order shall remain stayed.

MANOJ KUMAR OHRI, J JANUARY 25, 2024 ga