RAMPRASAD KURRE Vs. AGAAS BAI

JUDGEMENT

(1.) The present petition has been filed by the petitioner challenging the Order dtd. 28/7/2022 passed by the Session Judge, Janjgir, District: Janjgir-Champa (C.G.) whereby, the revision preferred by the petitioner has been dismissed and the interim order dtd. 19/4/2022, wherein, the interim compensation to the tune of Rs.3,20,000.00 in terms of Sec. 143 (A) of the Negotiable Instrument Act has been awarded to the respondent. Hence this petition.

(2.) Learned counsel appearing for the petitioner submits that the respondent/complainant has filed a complaint case under Sec. 143 A (5) of Negotiable Instruments Act for grant of interim compensation. A compromise took place between the petitioner and the respondent on 1/4/2019 and the Family Court has directed the petitioner to pay 6,000/- per month interim maintenance and has further directed to deposit 30% of gratuity amount after the retirement of the petitioner. It is further submitted that no well reasoned order has been passed by the Courts below and 20% is the maximum amount that can be directed to the petitioner to pay to the respondent herein, therefore, the order passed by the Courts below is bad in law and the same is liable to be quashed and the application filed by the complainant/respondent for grant of interim compensation shall be rejected.

(3.) On the other hand, learned counsel appearing for the Respondent opposes the submissions made by counsel for the petitioner. He submits that in compliance of compromise, the petitioner herein issued a cheque for a sum of Rs.3,20,000.00 (20% amount of gratuity, as per terms of compromise) through Cheque Bearing No. 623345 dtd. 1/5/2021 in favour of wife/respondent. The wife/respondent had presented the cheque for encashment and the said cheque was dishonored, therefore, the complaint under Sec. 138 of Negotiable Instruments Act was filed by the respondent against the petitioner. He further submits that the cheque amount is 20% amount of Gratuity and if the case is decided in favour of the petitioner, then the interim amount may be recovered from the respondent/complainant.