CRL.M.C.2663/2021 & CRL.M.C.2730/2021 Page 1 of 57

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment reserved on: 26.11.2021

Date of decision: 20.12.2021

+

CRL.M.C.2663/2021

M/S JSB CARGO AND FREIGHT FORWARDER PVT. LTD. &

ORS

..... Petitioners

Through:

Mr.Bharat Gupta and Mr.Gunjan

Arora, Advocates.

Versus

STATE & ANR.

..... Respondents

Through:

Ms.Aashaa Tiwari, APP for State

Mr.Ashok Mahipal,Advocate for R-2.

+

CRL.M.C.2730/2021

M/S JSB CARGO AND FREIGHT FORWARDER PVT. LTD.AND

ORS.

..... Petitioners

Through:

Mr.Bharat Gupta and Mr.Gunjan

Arora, Advocates.

Versus

STATE & ANR.

..... Respondents

Through:

Mr.Mukesh Kumar, APP for State.

Mr.Ashok Mahipal,Advocate for R-2.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

JUDGMENT

ANU MALHOTRA, J

1.

The petitions bearing CRL.M.C. No.2663/2021 and

Digitally Signed

By:SUMIT GHAI

Signing

Date:20.12.2021

17:10:51

This file is

digitally signed by

PS to HMJ ANU

MALHOTRA.

Signature

Not Verified

CRL.M.C.2663/2021 & CRL.M.C.2730/2021 Page 2 of 57

CRL.M.C.No.2730/2021 are being taken up together as they assail the

consolidated order dated 21.09.2021 of the learned Metropolitan

Magistrate (NI Act), Digital Court-01, PHC/New Delhi in CC No.CC

NI Act 12-20 titled as “SAVITA SURYAVANSHI Vs. M/S JSB

CARGO AND FREIGHT FORWARDER PVT LTD” and in CC

No.CC NI Act 100-20 titled as “SUNEEL SURYAVANSHI Vs. M/S

JSB CARGO AND FREIGHT FORWARDER PVT LTD”.

2.

The petitioners herein i.e. M/S JSB CARGO AND FREIGHT

FORWARDER PVT. LTD. i.e. the petitioner no.1 of whom Mr.Vipin

Tondak and Mrs.Kunti Devi arrayed as the petitioner nos.2 & 3

thereof are stated to be the directors thereof as per the complaints i.e.

CC NI Act 12-20 and CC NI Act 100-20 filed by the respondent

before the learned Trial Court under Section 138 r/w Section 142 of

the NI Act, 1881 were summoned as co-accused therein.

3.

Both the said complaints relate to alleged dishonour of the

cheques i.e. cheque bearing no.000430 in relation to CC NI Act 12-20

in which the complainant is Mrs. Savita Suryavanshi arrayed as

respondent no.2 to CRL.M.C.2730/2021 of which the cheque amount

was Rs.7692000/- and in relation to CC NI Act 100-20 in which the

complainant is Mr.Suneel Suryavanshi arrayed as respondent no.2 to

CRL.M.C.2663/2021 of which the cheque bearing no.000431 was for

an amount of Rs.5340000/-.

4.

Vide the said consolidated impugned order, the learned Trial

Court on an application under Section 143A of the Negotiable

Instruments Act, 1881 (hereinafter referred to as the NI Act, 1881)

Digitally Signed

By:SUMIT GHAI

Signing

Date:20.12.2021

17:10:51

This file is

digitally signed by

PS to HMJ ANU

MALHOTRA.

Signature

Not Verified

CRL.M.C.2663/2021 & CRL.M.C.2730/2021 Page 3 of 57

filed by the complainants seeking the grant of interim compensation

pursuant to the accused persons having pleaded not guilty to the notice

under Section 251 of the Cr.P.C., 1973 on 29.01.2021 sought the grant

of interim compensation from the accused and the learned Trial Court

directed vide paragraphs 16 & 17 of the impugned order to the effect:-

“16. In the event of acquittal of the accused persons in the

present cases, the complainants shall be directed to repay

the amount to the accused persons with interests at the

prevailing bank rate, as provided in Section 143-A(4) of

the NI Act.

17. The present applications moved by the complainants

seeking interim compensation stand disposed as allowed.

The accused persons are jointly and severally directed to

pay a consolidated amount of Rs. 26,06,400/- in the above-

captioned matters. In the event of any default on the part

of accused to pay the amount, the complainant is at liberty

to init