GAURAV KAMAL BHATT Vs. PIYUSH RAKESH JAIN

JUDGEMENT

(1.) RULE. Rule made returnable forthwith. Heard finally by consent of learned Advocates for the parties.

(2.) In this criminal writ petition filed under Article 226 of the Constitution of India, the petitioner, who is the accused in the complaint filed under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, "NI Act") by the respondent, is praying for quashing the order dtd. 17/9/2022 passed by the Judicial Magistrate, First Class, Court No.2, Chandrapur, whereby the petitioner was directed to pay interim compensation of Rs.2,44,393.00 to the complainant within sixty days from the date of the order.

(3.) In this judgment the parties would be referred by their nomenclature in the complaint. According to the complainant, cheque for Rs.12,21,965.00 was issued by the accused to him in discharge of his debt or liability. The cheque on being presented for encashment was dishonoured. The complainant gave a notice to the accused and made demand of the amount of the cheque. The accused replied the said notice but did not pay the amount. The complainant, therefore, filed a complaint. Learned Magistrate on the basis of the material on record issued the process against the accused for an offence under Sec. 138 of the NI Act.