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2024 Supreme(Online)(MP) 5518

HIGH COURT OF MADHYA PRADESH
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
Khuzema Nadir – Appellant
Versus
Rishabh Kumar Jain – Respondent


Advocates:
Sunil Tiwari,

ORDER

It is submitted by counsel for applicant that without giving any opportunity of hearing, the trial Court by order dated 19.10.2022 has directed the applicants to pay 15% of the cheque amount by way of interim compensation as provided under Section 143-A of Negotiable Instruments Act.

It is submitted by counsel for applicants that provision of interim maintenance is directory in nature and while deciding the said application the Court has to take various aspects into consideration and thus, the opportunity to oppose the said application should have been granted to applicants.

Applicants have not filed the copy of complete order sheets of the Trial Court to show that copy of application was given on 19.10.2022 only and prior thereto he had never prayed for time to file reply of application filed under Section 143-A of Negotiable Instruments Act.

Since the trial is pending in the Court of J.M.F.C., Jabalpur, office is directed to requisition the original record of SCNIA No.1202/2021 today itself.

Call this case on today at 04:00 p.m. (G.S. AHLUWALIA) JUDGE LATER ON :-

1. The original record of the trial court was received and it has been perused.

2. It was the contention of counsel for

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