Neutral Citation No. - 2025:AHC:57354 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 11824 of 2025 Applicant :- Jaiveer Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Supplementary affidavit filed today is taken on record. 2. Heard Sri Vivek Singh, learned counsel for the applicant as well as Shri Vikash Sharma, learned State Law Officer for the State/opposite party no.1. 3. This application under Section 528 BNSS has been filed by the applicant to quash the impugned order dated 20-09-2024 passed by learned Civil Judge (S.D.)/F.T.C. Muzaffarnagar in Complaint Case No. 28324 of 2022 (Mohit Vs. Jaiveer Singh), under Section 143A of Negotiable Instrument Act, Police Station- Nai Mandi, District-Muzaffarnagar. 4. Learned counsel for the applicant submits that with respect to dishonouring of a cheque of amount of Rs. 5,65,000/-, a statutory notice came to be issued by the complainant to the applicant and thereafter the complaints stood preferred. At this stage of Section 251, the court below had exercised its powers under Section 143A of the N.I. Act and proceeded to award interim compensation to the tune of 20% of the amount on 20.09.2024. Learned counsel for the applicant submits that the said order could not have been passed, particularly, when there ought to have been on an application preferred by the complainant and an opportunity be accorded to the applicant to submit its objection and the case ought to have been decided in the light of the judgment in the case of Rakesh Ranjan Srivastava v. State of Jharkand and another; [2024] 3 S.C.R. 438. He further submits that there are certain criteria which have been mandated by the Hon'ble Apex Court, according to which, the court below is to adhere while awarding interim compensation. Submission is that there has been virtually non-application of mind and the judgment of the Hon'ble Apex Court has not been considered at all less to say about being noticed. 5. Learned AGA on the other hand submits that law in this regard is well crystallized in the judgment in the case of Rakesh Ranjan Srivastava (supra). He submits that from the perusal of the order impugned, the said exercise has not been undertaken. 6. I have heard learned counsel for the parties and gone through the records carefully. 7. The sole question which arises for determination in the present proceedings is to the extent of judicial intervention. Apparently, a complaint stood lodged regarding dishonour of the cheque against the applicant and at the stage of Section 251 of the Cr.P.C., the Court has accorded interim compensation to the tune of 20%. What is understandable is the fact that though the Court under Section 143A of the N.I. Act is empowered to accord interim compensation to the maximum level of 20% but what is to be seen is the criteria which is to be adopted. The judgment in the case of Rakesh Ranjan Srivastava (supra) itself mandates that the Court prima facie evaluates the case on the merits while considering the stand of the complainant and the accused and also look into the nature of relationship and financial distress also which would be faced by the accused. Apparently, the said exercise is lacking. 8. The order dated 20.09.2024 is set aside. 9. The matter stands remitted back to the court below, Civil Judge (S.D.)/F.T.C. Muzaffarnagar passed a fresh order with most expedition in order to facilitate earlier disposal of the proceedings, the applicant is to file the certified copy of the order passed today by 09.05.2025 and thereafter the court below shall decide the matter afresh. 10. With the said observations, the application stands disposed of. Order Date :- 17.4.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad