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TMI Blog2023 (10) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... 2.The present 482 Cr.P.C. application has been filed to quash the impugned order dated 31.05.2023 passed by Presiding Officer, Additional Court No.3, Agra in Complaint Case No.12976 of 2021 (Raju Rathore vs. Ankit Jain), under section 138 Negotiable Instrument Act, Police Station Chatta, District Agra. 3. Learned counsel for the applicant submits that the applicant is accused. Opposite party no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l Court to direct interim compensartion to be paid by the complainant. It is not necessary that in all cases, the trial court must necessarily direct the complainant to pay interim compensation and such a direction should be given only on a case to case basis, by taking into consideration the facts of each case. The legislature has intentionally not used the word "shall" since it would have preven ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the complainant. As held by this Court, the discretionary power that is vested with the trial Court in ordering for interim compensation must be supported by reasons and unfortunately in this case, it is not supported by reasons. The attempt made by the learned counsel for the respondent to read certain reasons into the order, cannot be done by thius Court, since this Court is testing the applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... terim compensation shall be paid within 60 days from the date of the order under sub-section (1), or within such further period not exceeding 30 days as may be directed by the Court on sufficient cause being shown by the drawer of the cheque. 7. From perusal of order dated 31.05.2023, the Court has assigned reasons for granting interim compensation to opposite party no.2 as application under sect ..... X X X X Extracts X X X X X X X X Extracts X X X X
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