PARESH KANTILAL PATEL Vs. MANOJKUMAR BALCHAND JAIN

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India, in which, the petitioners have challenged the order dated 19.09.2019 passed by the learned Additional Chief Judicial Magistrate, Surat, below application Exh.13 in Criminal Case No.54308 of 2018.

(2.) Heard learned advocate Mr.Aditya A. Gupta for the petitioners and learned Additional Public Prosecutor Mr.L.B. Dabhi for respondent No.2 State.

(3.) Learned advocate for the petitioners submitted that respondent No.1 complainant has filed a complaint being Criminal Case No.54308 of 2018 before the concerned Magistrate Court against the present petitioners as well as one Radisson Lifestyle Pvt. Ltd. under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 ("N.I. Act" for short). It is submitted that after filing of the said complaint, the concerned Magistrate Court has issued the process against the present petitioners vide order dated 02.09.2018. Respondent No.2 complainant thereafter filed an application Exh.13 under Section 143A of the N.I. Act and requested that the accused be directed to deposit 20% of the cheque amount by way of interim compensation. It is submitted that by way of interim order dated 19.09.2019, the concerned Magistrate Court directed the accused to pay 20% of the cheque amount to the complainant within the stipulated period towards compensation as provided in the amended Section 143A of the N.I. Act. The petitioners have, therefore, filed the present petition.