ORAL ORDER

1. Heard learned Advocate Ms. Ketki P. Jha for the petitioners, who submits that the proceedings under Section 421 of the Code of Criminal Procedure, 1973 has been invoked by the complainant in Criminal Case No.773/2019 which is under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to in short as ‘the NI Act’).

2. Learned Advocate Ms. Jha submits that an order has been passed on 02.03.2020 by the learned 3rd Additional Senior Civil Judge and ACJM, Bhuj-Kachchh wherein the present petitioners were to pay 15% of the cheque amount as an interim compensation within 60 days of the order. Ms. Jha submits that according to the order the amount would be Rs.14,50,000/-. It is further submitted that the petitioners could pay / deposit Rs.2,00,000/- only in compliance of the order and as the accused failed to make payment of Rs.12,50,000/-, a Distress Warrant came to be issued. Ms. Jha submits that if the Distress Warrant gets executed, the petitioners would be homeless and the property would be attached. The learned Advocate submitted that under the provisions of Section 143A of the NI Act, the discretion exercised is not by way of any mandatory order. Ms.