DEBASHIS Vs. SACHIN HALWAI

JUDGEMENT

(1.) CRLMC No.478 of 2023 and I.A. No.348 of 2023 : Since the State of Odisha is not a party, defect No.6 is ignored for the time being.

(2.) This application under Sec. 482 of Cr.P.C. has been filed by the petitioner challenging the order dtd. 13/12/2022 passed by the learned J.M.F.C., Rourkela in ICC Case No.118 of 2020 wherein the petitioner has been directed to pay interim compensation of 5% of the cheque amount, i.e., Rs.75,000.00 (Rupees seventy five thousand) to the complainant-opposite party within 60 days from the date of the order.

(3.) Mr.Zafarulla, learned counsel for the petitioner referring to the provision under Sec. 143-A of the N.I. Act, submits that the stage for direction for payment of interim compensation to the complainant had not reached, but the learned trial Court illegally directed for payment of the said amount. In support of his submission, he referred to the decision of this Court in the case of Saroj Kumar Jena v. Santanu Kumar Jena reported in 2022 (II) OLR 665.