NARESH ARYA Vs. SAVITRI KUKREJA

JUDGEMENT

(1.) By way of present petition filed under Sec. 482 Cr.PC, the petitioner seeks to assail the order dtd. 4/10/2023 passed by the learned District & Sessions Judge, South East, Saket Courts, New Delhi in CR. Revision No.374/2023 titled 'Naresh Arya v. Savitri Kukreja', whereby the said revision petition came to be dismissed.

(2.) Pertinently, the said revision petition was preferred by the petitioner against the order dtd. 7/1/2023 passed by learned MM in CC NI Act No.4662/2021 titled as 'Savitri Kukreja v. Naresh Arya', whereby respondent's application under Sec. 143A NI Act was allowed and the petitioner was directed to pay interim compensation of Rs.17,64,000.00 i.e., 15% of the cheque amount.

(3.) Briefly, the facts as available from the record are that the respondent had preferred a criminal complaint alleging that the petitioner, in a transaction relating to sale of property, handed over two cheques dtd. 8/3/2021 for Rs.58,80,000.00 each. The said cheques, when presented for encashment, were dishonoured with the remark 'funds insufficient' vide return memo dtd. 15/3/2021. A demand notice was issued on 17/3/2021, however, the petitioner failed to make the payment, leading to the filing of the said complaint. During the pendency of the said complaint, an application under Sec. 143A NI Act came to be filed.