RAJESH KUMAR Vs. RAJINDER YADAV

JUDGEMENT

(1.) Case taken up through video conferencing.

(2.) Briefly stated facts of the case are that complainant Rajinder Yadav had filed a complaint under Section 138 of the Negotiable Instruments Act, against accused Rajesh Kumar in the Court of Judicial Magistrate Ist Class, Gurugram, where the accused was summoned to face trial. The complainant moved an application under Section 143-A of the Negotiable Instruments Act, for directing the accused to pay him 20% of the cheque amount as interim compensation. That application was resisted by the accused taking various objections including that of maintainability of the application, coming up with a plea that Rajender and Jagdish Yadav had induced him to do business with them, as such the accused availed loan from ICICI Bank, where Jagdish Yadav stood as guarantor and Rajender and Jagdish Yadav received 7 blank cheques from accused in the year 2014 on the pretext that those were required for the guarantee of loan. Accused had informed the complainant that he had closed his account vide letter dated 19.1.2015 and in February 2019 he had cleared the loan amount getting the 'No Objection Certificate' from the bank. The stand taken by the accused was that Rajender and Jagdish Yadav had cheated and played fraud with him trying to transfer buses in his name by forging documents, regarding which FIR No. 1158 dated 8.10.2019, for offences under Sections 420, 406, 467, 468, 471, 506, 120-B IPC, was registered against the complainant and that the complainant had presented the cheques by forging signatures of the accused.

(3.) After hearing arguments, learned trial Magistrate had accepted the application. The relevant part of the order being as under:-