TAFAZUL FAZILI Vs. SABZAR AHMAD BANDH

JUDGEMENT

(1.) The Petitioner, through the medium of the instant Petition filed under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeks quashment of Order dated 7th of March, 2025 passed by the Court of learned Special Mobile Magistrate, PT and E, Srinagar in the Complaint filed by the Complainant/ Respondent herein under Sec. 138 of the Negotiable Instruments Act, 1881 (for short "the N. I. Act") titled 'Sabzar Ahmad Bandh v. Tafazul Fazili', whereby the learned Trial Magistrate has ordered interim relief to the tune of 10% of the amount involved in the cheques in question, i.e., Rs.6,10,000.00 (rupees six lacs and ten thousand only), in favour of the Complainant/ Respondent herein.

(2.) From the perusal of the file, it appears that the Respondent herein, on 23rd of August, 2022, filed a Complaint against the Petitioner under Sec. 138 of the N. I. Act, wherein he alleged dishonour of cheques amounting to Rs.61,00,000.00 lacs (rupees sixty-one lacs only). Alongside the aforesaid Complaint, the Respondent had also moved an application seeking invocation of powers vested under Sec. 143A of the N. I. Act for directing the accused/ Petitioner herein to pay 20% of the amount involved in the cheques. It is in the said application the learned Trial Magistrate has passed the Order impugned, thereby directing the Petitioner to pay compensation to the tune of Rs.6,10,000.00 (rupees six lacs and ten thousand only) in favour of the Complainant/ Respondent herein.

(3.) Learned Counsel appearing for the Petitioner submits that the Order impugned lacks any reasoned justification for directing payment of 10% interim compensation under Sec. 143A of the N. I. Act, as such, rendering the same arbitrary and unsustainable. He further submits that the said provision of law empowers the concerned Magistrate to order interim compensation in a manner as it may deem appropriate with the application of judicial mind, supported by reasons and also keeping in view the mandate of law as laid down by the Hon'ble Supreme Court. In support of his contentions, the learned Counsel for the Petitioner has referred to and relied upon the Judgment rendered by the Hon'ble Supreme Court in a case titled 'Rakesh Ranjan Srivastava V. State of Jharkhand; 2024 SCC Online 309'.