GARIYA BA SHYAM ENTERPRISES Vs. MAHAVEER TRADING COMPANY

JUDGEMENT

(1.) Petitioner is before this Court aggrieved against an order dtd. 23/7/2023 passed by the learned Additional Chief Judicial Magistrate, Gangapur, District Bhilwara in N.I. Case No.353/2021, whereby the application under Sec. 143A of the Negotiable Instruments Act, 1881 ('N.I. Act') filed by the complainantrespondent was allowed. The petitioner has been directed to pay 20% of the cheque amount as compensation to the complainant.

(2.) At the out set, having perused the casefile, I am of the view the impugned order passed by the learned ACJM is very cryptic to say the least. It simply states that arguments of both the parties were heard, the case file was examined and, therefore, the application filed by the complainant under Sec. 143A of the N.I. Act is accepted and it is ordered that accused proprietor Narayan shall pay 20% of the amount mentioned in the cheque as interim compensation.

(3.) The order has thus been passed by the ACJM mechanically, without apparently any application of mind and/or otherwise recording the reasons as to why the petitioner-accused is directed to pay interim compensation.