ARPITA ARVIND PADWAL Vs. PUSHPA CHANDRAKANT PATIL

JUDGEMENT

(1.) Heard Mr. Ramesh Jadhav, learned Counsel appearing for the Petitioner and Ms. Bhosale, learned APP for the Respondent-State.

(2.) The challenge in this Writ Petition filed under Article 227 of the Constitution of India and under Sec. 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS") is to the order dtd. 17/12/2024 passed by the learned JMFC, Vasai below Exhibit-14 in S.S.C. No.429 of 2023 directing the present Petitioner i.e. Accused in said S.C.C. No.429/2023 to pay interim compensation of Rs.5,40,000.00 to the Complainant within 60 days from the date of the said order. The said order has been challenged by the present Petitioner by filing Criminal Revision Application No.1 of 2025 and the said Criminal Revision Application is dismissed by the impugned order dated 1 st April, 2025 passed by the learned District Judge-1 and Additional Sessions Judge, Vasai.

(3.) The main contention raised by Mr. Jadhav, learned Counsel appearing for the Petitioner is that the cheques were not issued for recovery of legally enforceable debt and therefore the Court should not have granted the relief. Learned Counsel submitted that the said amount of Rs.27,00,000.00 and Rs.7,48,630.00 has been given to ensure that the Respondent No.1-Complainant's son gets admission in the MBBS College either at Karad or at Kankavali. To substantiate the said contention, he has pointed out paragraph no.1 of the complaint filed under Sec. 138 r/w 142 of the Negotiable Instruments Act, 1881 (" NI Act "). He therefore states that the amount claimed is not a legally enforceable debt.