Neutral Citation No. - 2025:AHC:35895 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 2306 of 2025 Petitioner :- Parmeshwar Dubey Respondent :- State of U.P. and Another Counsel for Petitioner :- Majahar Ali Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. Present petition has been preferred with the following prayers:- "i) to set aside the impugned order dated 03.07.2024 passed by the Additional Chief Judicial Magistrate, Court no. 5, Prayagraj in Complaint Case no. 85 of 2020 (Pankaj Mishra vs. Parmeshwar Dubey) under Section 138 of the Negotiable Instruments Act, whereby the learned court has directed the petitioner to deposit 20% of Rs.10,00,000/- to the complainant by allowing the application filed by the complainant under Section 143A of the Negotiable Instruments Act, 1881. (Annexure no. 1 to this petition)." 3. It is the case of the petitioner that respondent no. 2 preferred a complaint under Section 138 N.I. Act against the petitioner before the court concerned with the allegation that the cheque which was given by petitioner to respondent no. 2 in return of his money has been dishonored from the concerned Bank due to account closure. Over the said complaint, learned trial court summoned the petitioner in pursuance to Section 138 N.I. Act vide order dated 28.02.2020. Meanwhile, respondent no. 2 preferred an application under Section 143A of N.I. Act in the aforesaid complaint case, seeking interim compensation, whereupon, vide impugned order dated 03.07.2024 passed by learned Additional Chief Judicial Magistrate, Court no. 5, Prayagraj, learned court directed the petitioner to pay 20% of Rs.10,00,000/- to the respondent no. 2 before the next date fixed. 4. Learned counsel for the petitioner challenged the impugned order on several other grounds inter alia that petitioner is a senior citizen aged about 65 years and is suffering from certain age related ailments. The order directing him to deposit Rs.2,00,000/- imposes an undue financial burden on him. The learned concerned court failed to consider the petitioner's age, financial condition and overall hardship while passing the order making it harsh, excessive and unsustainable in law. 5. Per contra, learned AGA vehemently opposed the prayer sought through the instant petition. 6. After hearing the rival submissions extended by learned counsels for the parties and perusing the record, it transpires that the order impugned dated 03.07.2024 has been passed after duly considering the material evidence available on record and is in compliance of Section 143A of N.I. Act. The same is free from any infirmity and does not warrant interference by this Court. 7. Lastly, learned counsel for the petitioner assured on behalf of petitioner that the amount whatsoever has been directed by learned court concerned shall be deposited by him within one month but prayed for some protection be granted to him for some duration by way of suspending the non-bailable warrant already issued against him in the aforesaid complaint case. 8. In view of the aforementioned facts and circumstances, the instant petition is hereby disposed of. It is made clear that till one month from today, no coercive action shall be initiated against the petitioner and the order in shape of non-bailable warrant passed in aforesaid complaint case no. 85 of 2020 against petitioner shall be suspended till one month from today. In case of failure of deposition of amount within one month by the petitioner, the order of non-bailable warrant shall automatically stand revive for execution. Order Date :- 10.3.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad