TMI Blog2022 (10) TMI 136X X X X Extracts X X X X X X X X Extracts X X X X ..... revent delaying tactics of unscrupulous drawers of dishonoured cheques. The present case is a classic case wherein the petitioner No.2-accused has delayed proceedings significantly. Therefore, no fault can be found with the passing of the impugned orders. The arguments of the learned counsel for the petitioners as setout in the present petition are a virtual reproduction of the reply to the application under Section 143-A of the Act, which have been dealt with by the Courts below - Whether the cheque, in question, had been issued as a security cheque or was a blank cheque or whether the filing of the complaint was a pressure tactic or not etc. are not matters to be examined by the Court while adjudicating upon an application under Section 143-A of the Act. If the merits of the case was to be minutely examined at this stage, it would amount to the conducting of a virtual mini trial thereby defeating the very purpose of Section 143-A of the Act, which seeks to provide succour to an aggrieved person. There are no merit in the present petition - petition dismissed. - CRM-M-43027-2022 (O & M) - - - Dated:- 29-9-2022 - Hon ble Mr. Justice Jasjit Singh Bedi For the Peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a security cheque as admitted by the complainant-respondent, therefore, it could not be presumed that the cheque was issued towards the discharge of any debt or liability. In fact, the complaint had been filed so that the complainant-respondent could pressurize the petitioners-accused in appropriate civil/criminal actions when initiated by the complainant-respondent. It is also stated in the reply that there were seven previous complaints pending adjudication, all arising from the same transaction between the accused-petitioners and the complainant-respondent and this fact had not been disclosed to the Court. An FIR No.09/2021 dated 18.01.2021 under Sections 406/506/120-B IPC was also registered against the accused at the instance of the complaint-respondent with respect to the same facts, circumstances and transactions, in which the petitioner No.2-accused was granted bail. In fact, the entire scaffolding material rented by the accused-petitioners had been recovered by the complainant-respondent, and therefore, no interim relief of compensation ought to be granted to the complainant/respondent. After hearing the respective contentions of both the parties, the Judicial Magistr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Trial Court (Annexure P-6). 6. Before proceeding further, it would be relevant to refer to Section 143-A of the Act, which is reproduced hereinbelow:- 143-A. Power to direct interim compensation:- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the Court trying an offence under section 138 may order the drawer of the cheque to pay interim compensation to the complainant- (a) in a summary trial or a summons case, where he pleads not guilty to the accusation made in the complaint; and (b) in any other case, upon framing of charge. (2) The interim compensation under sub-section (1) shall not exceed twenty percent of the amount of the cheque. (3) The interim compensation shall be paid within sixty days from the date of the order under sub-section (1), or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the drawer of the cheque. (4) If the drawer of the cheque is acquitted, the Court shall direct the complainant to repay to the drawer the amount of interim compensation, with interest at the bank rate as published by the Reser ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alia, for the following, namely:- (i) to insert a new section 143A in the said Act to provide that the Court trying an offence under section 138 may order the drawer of the cheque to pay interim compensation to the complainant, in a summary trial or a summons case, where he pleads not guilty to the accusation made in the complaint; and in any other case, upon framing of charge. The interim compensation so payable shall be such sum not exceeding twenty per cent, of the amount of the cheque; and (ii) to insert a new section 14 8 in the said Act so as to provide that in an appeal by the drawer against conviction under section 138 , the Appellate Court may order the appellant to deposit such sum which shall be a minimum of twenty per cent, of the fine or compensation awarded by the trial court. 4. The Bill seeks to achieve the above objectives. 5. In the present case, the complaint was filed on 08.01.2020, pursuant to which, the summoning order was issued on the same date. The order dated dated 08.01.2020 is reproduced as under:- Briefly stated, the facts of the present case are that the accused issued cheque No. 373 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issued to the accused not received back either served or unserved. However, learned counsel for the complainant has placed on record postal receipt along with the track result which shows that item has been delivered. Case called several times since morning but none has appeared on behalf of the accused. It is already 3.30 PM. Waited sufficiently. Further, wait not justified. Hence, accused is ordered to be summoned through bailable warrants to the sum of Rs. 5000/- with one surety in the like amount against the accused be issued for 01.04.2020 On 23.03.2020, the following order was passed:- File taken up today i.e. 23.03.2020 in view of letter bearing Endst. No. 2307 dated 23.03.2020 passed by Learned District Sessions Judge, Gurugram as in view of the notification of Haryana Government with regard to lock down in the territorial jurisdiction of District Gurugram on account of prevailing situation arising due to outbreak of Noval Coronavirus COVID-19 and further as per order of Hon ble High Court dated 22.03.2020, the matter stands adjourned for _______________ for the purpose already fixed. Parties/counsel/witnesses be informed accordingly . The mat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed. Heard. Keeping in view the contents mentioned in the application, same is hereby allowed subject to the cost of Rs. 500/- to be deposited in DLSA, Gurugram. Now, case stands adjourned to 21.10.2021 for serving notice of accusation as well as furnishing surety bonds . Once again, an application seeking exemption from personal appearance was moved as the petitioner No.2/accused had not appeared in the Court and the same was dismissed on 21.10.2021. The order dated 21.10.2021 reads as under:- Previous cost of Rs. 500/- deposited in DLSA by accused. An application seeking exemption from personal appearance of the accused Salim Chohan has been filed on record. Accused Salim Chohan not appeared in the court, his application is not maintainable and the same stands dismissed. Hence bail of the accused is hereby cancelled. His bail bonds and surety bonds forfeited to State of Haryana. Let non-bailable warrant against accused and notice to his surety and identifier be issued for 25.10.2021 . Thereafter, non-bailable warrants were issued against the petitioner for 25.10.2021. The order dated 25.10.2021 reads as under:- Non-bailable warrants issued against the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Once again, on 26.11.2021, an application for exemption from personal appearance was moved by the petitioner No.2/accused which was allowed. The order dated 26.11.2021 is as follows:- An application seeking exemption from personal appearance of accused has been filed. Considering the grounds mentioned in the application, the same stands allowed for today only subject to cost of Rs. 500/- to be paid to complainant by accused. Now to come up on 25.01.2022 for submitting plea of defence and for filing reply of application under Section 143A of NI Act . On 25.01.2022, the matter stood adjourned on account of Covid-19 pandemic and the following order was passed:- In pursuance of directions passed by Hon ble District Sessions Judge, Gurugram on 04.01.2022 conveyed vide Endst. No. 104-111 and on 11.01.2022 conveyed vide Endst. No. 1/Spl., vide which it is directed that the ordinary matters shall be adjourned suitably, to avoid the spread of pandemic CORONA VIRUS (COVID- 19). Accordingly, the present case file is adjourned to 15.02.2022 for the same proceedings, already fixed vide previous order. Parties as well as Counsel be informed accordingly . On 15.02. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eproduced hereinbelow- An application seeking exemption from personal appearance of the accused has been filed. Considering the grounds mentioned in the application, the same stands allowed for today only subject to cost of Rs. 1000/- paid to complainant. Now to come up on 09.05.2022 for cross-examination of complainant as well as argument on application u/s 143A of NI Act. Thereafter, on 09.05.2022, the impugned order (Annexure P-4) ordering 20% interim compensation was passed by the Judicial Magistrate Ist Class, Gurugram. 6. The aforementioned facts/Zimni orders as narrated clearly shows that the petitioner No.2-accused has adopted dilatory tactics by moving repeated applications for exemption before and after obtaining bail. In fact, bailable warrants/non-bailable warrants had also been issued against the accused on a few occasions. Further, as per interim bail order dated 30.07.2021 (Annexure P-11) in FIR No.09 dated 18.01.2021 under Sections 406/506/120-B IPC, the petitioner No.2 (accused) only chose to appear in these proceedings when his counsel gave an undertaking to this effect to the Court of the Additional Sessions Judge, Gurugram, pursuant to which h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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