KRISHNA KUMAR GUPTA Vs. ASHOK KUMAR DWIVEDI

JUDGEMENT

(1.) This application under Sec. 482 of Cr.P.C. has been filed against order dtd. 9/3/2024 passed by Third Additional Sessions Judge, Umaria in Criminal Revision No.13/2024 by which Revision filed against order dtd. 17/1/2024 passed by JMFC Umaria in SC NIA No.48/2021 has been dismissed and order passed the trial Court under Sec. 143-A of Negotiable Instruments Act by which applicant has been directed to pay 8% of cheque amount by way of interim compensation has been affirmed.

(2.) The counsel for applicant started his arguments by submitting that the Lawyer, who has been provided by the Legal Aid Services Authority, is not legally competent and because of his incompetency, applicant is suffering.

(3.) It is submitted by counsel for applicant that complainant has lodged a complaint under Sec. 138 of Negotiable Instruments Act on the allegations that after his retirement he had received Rs.22.00 Lakhs by way of retiral benefits and applicant was aware of the same. The complainant and applicant were good friends and accordingly, on the pretext that applicant is in dire need of money to run his business otherwise he would commit suicide, emotionally blackmailed the complainant and ultimately complainant gave an amount of Rs.15.00 Lakhs to applicant. However, when the money was demanded back by the complainant, then it was not repaid and ultimately, applicant gave a cheque of Rs.13.00 Lakhs with an assurance that remaining amount of Rs.2.00 Lakhs will be given in cash. When the cheque was presented in the Bank, the same was returned back on the ground of insufficient funds. Accordingly, complainant issued a statutory notice under Sec. 138 of Negotiable Instruments Act, which was duly replied by applicant through his counsel Yash Kumar Soni by alleging that blank signed cheque was stolen, which has been used by the complainant. Since the applicant did not repay the cheque amount, therefore, complainant filed his complaint under Sec. 138 of Negotiable Instruments Act and application under Sec. 143-A of Negotiable Instruments Act was also filed for grant of interim compensation.