Neutral Citation No. - 2025:AHC:68715 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 5140 of 2025 Applicant :- Vinod Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Mishra,Manish Singh,Sarita Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Ajay Mishra, learned counsel for the applicant as well as Sri Vikas Sharma, learned AGA for the State. 2. In view of the order which is being proposed to be passed, notice is not being issued to the opposite party no. 2. 3. This application u/s 528 of BNSS has been preferred for quashing the order dated 09.08.2024 passed by Presiding Officer Additional Court, Aligarh in Complaint Case No. 7808 of 2021 (Bhojraj Vs. Vinod Kumar) under Section 138 of N.I. Act, Police Station Chandaus, District Aligarh. 4. Learned counsel for the applicant has submitted that a complaint was lodged by the opposite party against the applicant on 22.11.2021 under Section 138 of the NI Act relatable to commission of offences when the cheque bearing no. 852169 dated 22.02.2021 of an amount of Rs. 6,35,429/- was dishonored on 15.04.2021 pursuant whereto a statutory demand noticed was stated on 13.10.2021 which is stated to have been served upon the applicant on 14.10.2021. Learned counsel for the applicant has submitted that the applicant had been summoned on 16.06.2022 thereafter, during the pendency of the said proceedings, an application came to be filed by the opposite party no. 2 on 16.02.2024 for grant of interim compensation to the tune of 25% of the total amount of Rs. 6,35,429/-. The said application is stated to have been decided by the court below on 09.08.2024 granting interim compensation to the tune of 20%. Learned counsel for the applicant submits that the order passed by the court below granting compensation to 20% is not in accordance with law as law in this regard has been crystalized in the case of Rakesh Ranjan Srivastava Vs. State of Jharkhand 2024 INSC 205, he submits that none of the criteria sought to be enumerated have been adhered to or considered in the present matter. He submits that the order dated 09.08.2024 is set aside to pass a fresh order. 5. Learned State Law Officer submits that law in this regard is clear as enunciated by Hon'ble Apex Court in the case of Rakesh Ranjan Srivastava (supra), however, the order which is being subject matter of challenge does not consider the ingredients and the parameters according to which interim compensation is to be accorded under Section 143A of the NI Act. 6. I have heard the counsel for the parties and perused the record carefully. 7. Apparently, with relation to dishonoring of a cheque, a statutory demand notice was issued followed by a complaint. The applicant was summoned, however, an application came to be preferred by the complainant for grant of interim compensation to the tune of 25%, the court below by virtue of order dated 09.08.2024 on mere asking has accorded without taking into consideration the parameters as enunciated. 8. The Hon'ble Apex Court in the case of Rakesh Ranjan Srivastava (supra) had the occasion to consider the said aspect of the matter and certain test were enunciated according to which the brief reason is to be accorded indicating the consideration of all factors while deciding an application under Section 143-A of the N.I. Act. 9. Since in the present case neither there has been consideration prima facie case set up by the complaint as the defence of the applicant nor, prima facie, consideration for grant of compensation and also of the quantum of compensation taking into consideration the relationship of the parties, nature of the prosecution and the financial distress of the accused, thus, the order dated 09.08.2024 passed by the Court of Presiding Officer Additional Court, Aligarh in Complaint Case No. 7808 of 2021 (Bhojraj Vs. Vinod Kumar) under Section 138 of NI Act P.S. Chandaus, District Aligarh is set aside, the matter stands remitted back to the court below to pass a fresh order. 10. For the facilitation of the earlier disposal of the matter, the applicant is to file the certified copy of the order passed today before court below by 09.05.2025 and the court below shall pass a fresh order strictly in accordance with law in terms of the mandate in the case of Rakesh Ranjan Srivastava (supra) after hearing the parties with most expedition without granting unnecessary adjournment to the accused. 11. Accordingly, the application stands disposed of. Order Date :- 1.5.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad