SHIVNATH SINGH v. STATE OF U.P. THRU. ADDL. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/373/2025 · 2025-01-17
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 117424 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 117424 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:2985 Court No. - 16 Case :- APPLICATION U/S 482 No. - 373 of 2025 Applicant :- Shivnath Singh Opposite Party :- State Of U.P. Thru. Addl. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Narvind Kumar Singh,Preeti Yadav Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for respondent State. Notice to respondent no.2 is dispensed with in view of the proposed order. Through this application, the applicant is challenging the impugned order dated 18.11.2024 passed by the court of Additional Chief Judicial Magistrate Room No.3 Raebareli by which the application filed by the complainant for payment of interim compensation under Section 143-A of N.I.Act has been allowed. The operative part of the impugned order dated 18.11.2024 is extracted below:-
"The Complainant has prayed and pleaded for said compensation under a statutory provision after commencement of trial of this case. On the other hand, though the Accused has opposed the Interim Compensation plea yet he has admitted to the factum of giving a signed cheque to the Complainant. As such, taking into account these facts and in due compliance of the provision enshrined under Section 143-A N.I. Act, the Complainant is entitled to Interim Compensation amounting of 20% of the said cheque amount. Thus, the Application filed by Complainant is hereby being allowed as under. Ground is sufficient in interest of justice.
Order The Application filed by Applicant Harishankar Mishra under Section 143-A N.I. Act is hereby permitted. The Accused Shivnath Singh is directed to pay amount of Rs. 1, 89, 000/- (One Lakh Eighty-Nine Thousand Rupees) in form of Interim Compensation to the Complainant within a period of 30 days from today and the Endorsement of the giving and obtaining of the Interim Compensation shall be made by both the parties. Let File be put up for Complainant evidence on date- 18.01.2025."
Perused the record. Perusal of the impugned order so also the record shows that factum of signing the cheque and giving cheque to the complainant has been admitted. Although it is submitted by learned counsel for the applicant that he has not filled in the amount in the cheque and he is disputing the averments of the complaint to that extent. Learned court below has taken into account these aspects and after considering these arguments as well as statutory provisions under Section 143-A of the Negotiable Instruments Act, 1881, interim compensation has been ordered. There appears to be no illegality in the order impugned. The application, being devoid of merit, is accordingly dismissed.
Order Date :- 17.1.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench