MANOJ KUMAR NAYAK Vs. SURYA NARAYAN MOHANTY

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) The Petitioner, who appears in person, is the complainant in I.C.C. No.247/2020 of the court of learned S.D.J.M., Berhampur which is a case under Sec. 143 of the Negotiable Instruments Act, 2018 (for short 'N.I. Act-). After appearance of the accused, an order was passed by learned S.D.J.M., Berhampur on 7/1/2022 wherein it was stated that upon the particulars of the offence under Sec. 138 of the N.I. Act being read over and explained to the R/L for the accused, he pleaded not guilty and claimed for trial. An application filed by the complainant for interim compensation under Sec. 143-A of the N.I. Act was directed to be put up on another day for hearing. The petition was ultimately taken up for hearing on 18/2/2022. On that day, learned S.D.J.M. considered the rival submissions but held that it not being the trying court, the petition under Sec. 143-A cannot be considered by him. Therefore, the petition was rejected and the case record was transmitted to the designated Court for N.I. Act cases.

(3.) After going through the case record this Court does not approve of the procedure adopted by learned S.D.J.M inasmuch as if the learned S.D.J.M., felt that the matter ought to be heard by the designated court, the said order could have been passed on the first day, i.e. on 7/1/2022. However, learned S.D.J.M. for the reasons best know to him adjourned the matter specifically for hearing on the petition under Sec. 143-A of the N.I. Act ultimately to reject it by holding that he is not competent to consider the same. In all fairness if learned S.D.J.M was of such view then instead of rejecting the petition, the entire case record along with the petition should have been transmitted to the designated Court.