SATISH CHAND SHARMA Vs. ASHOK KUMAR BOHRA

JUDGEMENT

(1.) THE present misc. Petition has been filed by the petitioner challenging the order dt. 23.11.2011 passed by the learned Judicial Magistrate, First Class Nawa Shahar, whereby the petitioner's application for placing on record a cheque of Rs. 1 lakh against the check amount of Rs. 1 lakh has been rejected. Learned counsel for the petitioner submits that the amount of cheque, for which the application has been filed is Rs. 1 lakh and the cheque was dishonored in the year 2008. He submits that the petitioner is ready to make a payment of the original cheque amount with interest thereupon @ 10% per annum to the complainant. He submits that the learned trial Court has wrongly refused to accept the said cheque.

(2.) HEARD learned counsel for the petitioner and perused the impugned order. In the interest of justice, this mise. Petition is disposed of with the direction that if the petitioner submits a demand draft or banker's cheque for a sum of Rs. 1 lakh along with another banker's cheque or demand draft after calculating interest thereupon on the sum of Rs. 1 lakh from 07.03.2008 @ 10%, then the learned trial Court shall take the same on record and direct, the same be given to the complainant subject to his accepting the same. Thereafter, the learned trial Court shall be at a liberty to proceed further with the matter in accordance with the directions issued by the Hon'ble Apex Court in the case of Damodar S. Prabhu vs. Sayed Babalal H. reported in : AIR 2010 SC 1907. With the aforesaid observation, this misc. Petition and stay petition stand disposes of.