SUSANTA CHAKRABORTY Vs. DEYS CONSTRUCTION

JUDGEMENT

(1.) The present revisional application has been preferred challenging orders dtd. 7/10/2021 and 3/12/2021 passed by the learned Judicial Magistrate, 4th court at Barrackpur and the learned Judicial Magistrate, 5th Court at Barrackpur in Complaint Case No.C448/2020 under Sec. 138 of the Negotiable Instruments Act.

(2.) It is submitted on behalf of the petitioner that the opposite party being a proprietorship concern represented by its sole proprietorship Mrs. Soma Dey lodged a complaint against him under Sec. 138 of the Negotiable Instruments Act. The complaint was initially filed before the learned Judicial Magistrate, 4th court at Barrackpur alleging, inter alia, that the accused/petitioner submitted an order of bulk quantity of N-95 (5 layers) Mask and Surgical Mask at a consideration price of Rs.5,24,608.00. At the time of placing the order the accused/petitioner paid a sum of Rs.20,000.00 in favour of the complainant/opposite party through bank transfer. After receiving the goods the petitioner issued an account payee cheque dtd. 14/8/2020 amounting to Rs.5,04,608.00 drawn on Jana Small Financial Bank. When the complainant deposited the said cheque for encashment to her banker, it was dishonoured due to insufficiency of fund. Thereafter the complainant issued statuary notice to make payment of the amount involved in the cheque within the stipulated period of time and on his failure she filed the complaint against the petitioner on 4/2/2021 in the 4th Court of learned Judicial Magistrate. It is further stated by the petitioner that the opposite party was examined under Sec. 200 of the Cr.P.C. The complainant filed her evidence on affidavit in terms of Sec. 145(1) of the Negotiable Instruments Act. On perusal of the petition of complaint and initial deposition of the complainant as well as other materials the learned Magistrate issued process against the petitioner directing him to appear/surrender before the trial court on 6/5/2021. However due to outbreak of Covid-19 the petitioner could not appear before the trial court and the case was adjourned to 24/9/2021. On 24/9/2021 the petitioner through his learned Advocate prayed for time for his appearance and the learned Magistrate fixed 7/10/2021 for service return and appearance of the accused. On 7/10/2021 the accused surrendered before the learned Judicial Magistrate, 4th Court at Barrckpur and he was released on bail. The complainant also filed an application under Sec. 143A of the Negotiable Instruments Act praying for a direction upon the accused for payment of interim compensation.

(3.) It is contended on behalf of the petitioner that Sec. 143 of the Negotiable Instruments Act states that the Court may order the drawer of the cheque to pay interim compensation to the complainant-