DILIP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present misc. petition has been filed by the petitioner against the order dtd. 16/8/2022 passed by learned Sessions Judge, Jodhpur district in Criminal Revision No. 31/2022 whereby, the learned Judge rejected the revision petition and upheld the order dtd. 28/10/2021 granting interim compensation to the complainant.

(2.) Brief facts of the case are that the complainant respondent no.2 filed a complaint before the learned Judicial Magistrate, Osiyan for offence under Sec. 138 of Negotiable Instruments Act against the petitioner. After preliminary hearing of the complaint, the learned trial court vide order dtd. 28/10/2021 directed the petitioner to pay 20% of the cheque amount to the complainant as interim compensation, within a period of one month. Feeling aggrieved by the order dtd. 28/10/2021, the petitioner preferred a revision petition before the learned Sessions Judge, Jodhpur District, which too came to be dismissed vide order dtd. 16/8/2022.

(3.) Learned counsel for the petitioner submits that the trial court passed an order to pay 20% of the cheque amount without giving him an opportunity of hearing and to file objections. It is argued that the learned trial court has passed the order to pay interim compensation without applying mind and without giving cogent reasons. It is submitted that the complainant did not prefer any application seeking any interim compensation and the learned trial court suo motu granted compensation, therefore, the impugned order is liable to be quashed and set aside. The revision court also did not consider these material aspects of the matter and dismissed the revision petition of the petitioner. He placed reliance on the judgment of Karnataka High Court in the case of Smt. Vijaya Vs. Shekhappa (Criminal Petition No. 100261/2022) dtd. 17/2/2022 and order dtd. 26/5/2022 passed in the case of Himanshu Gupta Vs. V. Narayana Reddy (Criminal Petition No. 3555/2022).