Neutral Citation No. - 2025:AHC:50790 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 11376 of 2025 Applicant :- Arjun Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Singh,Rakesh Pathak Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Dharmendra Singh, learned counsel for the applicants as well as Sri Abhishek Tripathi, learned AGA for the State. 2. This application under Section 528 of the B.N.S.S. has been filed by the applicants to quash the order dated 28.1.2025 passed by Civil Judge, Court (S.D.)/F.T.C., Basti, in Criminal Misc. Case No.5162 of 2022, Amrendra Kumar Chaudhary Vs. Arjun Kumar arising out of Complaint Case No.5162 of 2022, under Section 138 of the N.I. Act, P.S. Kotwali, District Basti pending before the Court J.M.-Ist, Basti. 3. Learned counsel for the applicant submits that with relation to dishonouring of cheques for an amount of Rs.28,81,850/- a complaint stood lodged by the opposite party no.2 in which summoning order was issued, thereafter an application came to be preferred by the opposite party no.2 under Section 143A of the N.I. Act for the grant of interim compensation on 19.11.2024 objection to the same was submitted by the applicant on 6.12.2024 and thereafter the Court by virtue of the order dated 28.1.2025 proceeded to award 5% of the interim compensation out of total Rs.28,81,850/- to the tune of Rs.1,44,092/-. 4. Questioning the aforesaid order the applicant filed the present application. 5. Learned counsel for the applicant has submitted that the order passed by the court below cannot be sustained as there was no occasion for the court to have accorded interim compensation to the tune of 5% to the opposite party no.2. He also submits that the said application was not maintainable. 6. Learned AGA has supported the order. 7. I have heard learned counsel for the parties and perused the record carefully. 8. The sole question which arises for determination is the extent of judicial intervention at this stage. Apparently, an application under Section 143A of the N.I. Act stood preferred by the opposite party no.2 which was objected by the applicant on 6.12.2024. The contents of the objection of the applicant is quoted hereinunder"- नययययलय ससववल जज (सस०डस०)/FTC,बसतस अमररनद U/s138N.I.Act Vs. Ps. ककतवयलस अजररन सजलय-बसतस। आपसत पयररनय - पत अनतररत धयरय -143-A N.I.Act. उपरकक वयद मम वनवरदन हह वक पयरर कय चरक वयदस दयरय रलत तरसकर सर धकखय दरकर सलयय रयय हह पयरर कय ववपकस सर ककई लरनदयरस नहस बकययय हह पयरर कर सखलयफ वयदस दयरय रलत आधयर पर लरनदयरस व बकययय वदखययय रयय हह वयदस दयरय वद० 19.11.24 कक पयररनय पत मम ववररत तरय दयवर मम ववररत करन रलत हह वयदस दयरय अनतररम पवतकर कक मयमर वकयय रयय हह जक मरनटरनरबरल नहह हह तरय वकसस तरसकर सर सवसकयर करनर यकगय नहह हह ऐसस ससरवत वयदस दयरय पयररनय पत वदम० 19.11.24 कक खयररज करनर कय आदरश वदयय जयनय आवशयक एवम नयययसमरत हह। अतत पयररनय हह वक पयरर कर उक मम ववपकस दयरय वदयर रयर पयररनय पत वदम० 19.11.24 कक तरसकर सरत वनरसत करनर कय आदरश दरनर कक कक पय करम। पयररत- अजररन कर मयर (अवभयरक) वदम० 06.12.24 Held on 06.12.24 9. A perusal of the objection so preferred by the applicant would reveal that only stand has been taken that the application itself is not maintainable and the said application for grant of interim compensation under Section 143-A is liable to be rejected. 10. The Hon'ble Apex Court in the case of Rakesh Ranjan Srivastava vs. State of Jharkhand 2024 INSC 205 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. 11. Perusal of the order impugned would reveal that the court below has prima facie considered the case of the parties including the defence of the applicant and thereafter on the question of award of quantum of punishment the Court has awarded 5% of the total amount as interim compensation. 12. There is nothing in the objection of the applicant, regarding his financial status, thus the Court was not supposed to presume the financial status of the applicant without there being anything on record thus, taking a reasonable view only 5% has been awarded. Even before this Court, there is nothing on record to indicate the financial status of the applicant. 13. Accordingly, the present application under section 528 B.N.S.S. stands rejected and consigned to record. Order Date :- 8.4.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad