MADHU RAM DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Parashar, the learned counsel for the petitioner. Also heard Mr. F. Khan, learned counsel for the respondent No. 2/complainant.

(2.) The respondent No. 2 as complainant has filed a complaint petition before the Court of the learned Chief Judicial Magistrate, Nalbari, under Sec. 138 of the Negotiable Instruments Act, 1881, (herein after NI Act), alleging commission of offence under said provision of NI Act, with regard to a cheque dtd. 20/4/2021, bearing No. 045163 of amount Rs.16,00,000.00, issued by the petitioner/accused.

(3.) It is stated that the cheque upon being presented, was dishonoured, on the ground of "funds insufficient". It is stated by the respondent No.2/complainant that after following the procedural formalities, the complainant/petitioner was initiated, giving rise to NI Case No. 58 of 2021, pending before the learned Additional CJM, Nalbari and at the stage of evidence. In the said proceeding, the complainant filed a petition, invoking the powers under Sec. 143-A of the NI Act, seeking interim compensation.