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TMI Blog2020 (9) TMI 296X X X X Extracts X X X X X X X X Extracts X X X X ..... rise to the present petition are as follows: The respondent-complainant filed a private complaint u/s 200 of Cr.P.C. r/w Sec. 142 of the N.I. Act in P.C. No. 32/2019 against the petitioner-accused for offences punishable u/s 138 of the N.I. Act. It was the specific contention of the complainant that towards discharge of legally enforceable debt due from the accused to the complainant, the accused drew and delivered cheque bearing No.368623 dated 16.11.2018 in a sum of Rs. 7,00,000/-. The said cheque having been dishonoured for want of sufficient funds, statutory notice dated 14.12.2018 was issued on behalf of the complainant which was received by the accused on 15.12.2018. It was contended that since the accused failed to comply with the d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ror of law and fact in directing the petitioner to deposit 20% of the cheque amount without assigning any reasons. It was submitted that apart from the fact that the impugned order is a non speaking order without application of mind, the trial Court committed an error in suo moto passing the impugned order without there being any application filed by the complainant invoking Sec. 143-A of the N.I. Act. It was pointed out that even as per the amended provisions of Sec.143-A, the usage of the word 'may' in Sec.143-A(1) clearly indicates that it was not mandatory but only directory and as such, the trial Court had not exercised its discretion properly and legally while passing the impugned order. Learned counsel places reliance upon th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the earlier order dated 02.02.2019 passed by the trial Court taking cognizance of the offence alleged to have been committed u/s 138 of the N.I. Act by the accused and registering a case against him was not challenged by the accused and that the same has attained finality. In the complaint, it was specifically alleged that despite having received the statutory notice dated 14.12.2018, the accused did not comply with the demand made in the said notice. A perusal of the material on record viz., complaint, sworn statement, affidavit, documents, order dated 2-2-2019 passed by the trial court taking cognizance of the case and issuing summons to the accused, bail application filed by the accused, order passed by the trial court granting bail ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... I am of the opinion that the impugned discretionary order passed by the trial Court pursuant to taking cognizance of the offence and registering the case against the accused and upon the accused pleading not guilty is perfectly legal and proper and the trial Court was fully justified in following the procedure prescribed u/s 143-A and directing the petitioner to deposit 20% of the cheque amount. Under these circumstances, the impugned discretionary order passed by the trial Court, in the aforesaid facts and circumstances of the instant case, being just and proper and not resulting in the abuse of the process of the court and interference not being warranted to secure the ends of justice, the same does not warrant interference by this Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... larity in the impugned order does not entail reversal of the order by this Court unless it is shown that it has occasioned failure of justice, having regard to the aforesaid facts and circumstances of the instant case, I am of the considered opinion that the impugned order has not occasioned any failure of justice warranting interference by this Court. e) As regards the apprehension of the accused that in the event he is directed to pay 20% of the cheque amount to the complainant and the accused is ultimately acquitted by the trial court, the accused would find it difficult to get refund of the said amount is concerned, the said apprehension can be allayed in view of the fact that apart from the buffers/safeguards already existing in Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the trial Court shall follow the procedure prescribed u/s 143-A of the N.I. Act for the purpose of disbursement of the amount in deposit either to the complainant or to the accused as the case may be. vii. Having regard to the facts and circumstances of the case, the trial Court shall endeavour to dispose of the case as expeditiously as possible and preferably within a period of six months from the date of receipt of a copy of this order; it is made clear that both parties shall co-operate with the trial court in expeditious disposal of the case as indicated supra; viii. All rival contentions on merits between the parties are left open to be decided by the trial Court; Subject to the aforesaid directions, the petition stands dismisse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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