GURMAIL SINGH Vs. JAGJIT SINGH

JUDGEMENT

(1.) Challenge in the present revision petition is to the order dtd. 18/1/2021 passed by the trial Court, District Barnala vide which interim compensation under Sec. 143-A of the Negotiable Instruments Act, 1881 (in short "N.I. Act") was allowed and the present petitioner was directed to pay 20% cheque amount within 60 days to the complainant. Learned counsel for the petitioner has submitted that in the present case, although in the complaint dtd. 3/1/2020, it has been stated that the petitioner in discharge of his partial liability issued cheque no.018966 dtd. 5/11/2019 for an amount of Rs.6,70,000.00, has been mentioned but it has not been mentioned as to what was the liability of the petitioner or what the original amount of debt was. It has been submitted that thus, no order could have been passed directing the petitioner to pay interim compensation.

(2.) Learned counsel for the respondent, on the other hand, has argued that neither the complaint nor the summoning order has been challenged in the present case and the challenge is only to the order directing the petitioner to pay interim compensation to the extent of 20% of the cheque amount which is in accordance with the amendment to Sec. 143(2) vide the Negotiable Instruments (Amendment) Act, 2018. It has further been submitted that the issuance of the cheque has not been disputed and as per settled law, a presumption operates in favour of the holder of the cheque and has further stated that as per settled law, the Court is to presume the liability of drawer of the cheque for the amount which has been mentioned in the cheque.

(3.) This Court has heard learned counsel for the parties and has perused the record.