GEETA MONGA Vs. GNG STOCK HOLDING PVT. LTD

JUDGEMENT

(1.) This petition has been filed on behalf of the Petitioner assailing impugned orders dtd. 18/8/2023 and 11/12/2023 passed by the learned Metropolitan Magistrate and learned Additional Sessions Judge, respectively in respect of interim compensation of Rs.3,00,000.00 awarded in favour of the Respondent herein being 20% of the amount under the cheque, which was dishonoured on presentation by the Respondent. Respondent is the Complainant and Petitioner herein is the Accused before the learned Trial Court and the parties are hereinafter referred to by their litigating status before this Court.

(2.) Factual matrix to the extent necessary is that a complaint was filed under Ss. 138 and 142 of the Negotiable Instruments Act, 1881 ('NI Act') through Sh. Sumit Gupta, Managing Director, GNG Stock Holding Pvt. Ltd./Respondent herein against the Petitioner Smt. Geeta Monga, in respect of cheque No. 142144 dtd. 11/3/2020 for Rs.15,00,000.00, issued by the Petitioner in favour of the Respondent and which on presentation with the bank on 12/3/2020 was dishonoured vide memo dtd. 13/3/2020 with remarks 'Exceeds Arrangement'. Petitioner and her husband were informed of the dishonour of the cheque, who kept on assuring that the outstanding debt will be cleared and upon their request, the cheque was again presented on 12/4/2020 but was dishonoured vide memo dtd. 15/4/2020 with remarks 'Funds Insufficient'. Legal notice dtd. 17/6/2020 was issued by the Respondent calling upon the Petitioner to pay the cheque amount but to no avail and finally, the complaint was filed by the Respondent.

(3.) As per record, cognizance of the offence was taken under Sec. 138 of NI Act on 28/3/2022 and notice under Sec. 251 Cr.P.C. was framed on 11/1/2023. Application filed by the Petitioner seeking discharge was dismissed on 20/3/2023, alluding to the decision of the Supreme Court in Re: Expeditious Trial of Cases under Sec. 138 of N.I. Act, 1881; Suo Moto Writ Petition Crl. No. 0212020 dtd. 16/4/2021.