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2021 (6) TMI 29

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..... per Para-5 of the order dated 27.08.2019 was not legal and proper, and therefore, it was quashed and set aside. Remaining order passed by the learned Trial Court of interim compensation was not disturbed by the Revisional Court for getting the interim compensation as prayed under Section 143(A)(1) of the N.I. Act. It is worried by the applicant that if the interim compensation would not be paid b .....

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..... ORDER B.N. Karia, J. 1. Rule, returnable forthwith against respondent no. 1 only. Learned APP waives service of notice of Rule for and on behalf of the respondent-State. 2. By way of present application, applicant has prayed to quash and set aside the impugned judgment and order dated 03.03.2020 passed by learned 7th Additional Sessions Judge, Surat in Criminal Revision Application No. .....

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..... d and it was duly served to accused persons. Respondent no. 2 had appeared before the Court. Original complainant/present applicant filed an application under the provisions of Section 143(A)(1) of the N.I. Act, below Exh.8 on 06.08.2019. The said application was opposed by respondent no. 2. After hearing both the sides, learned 4th Additional Chief Judicial Magistrate, Surat, vide order dated 27. .....

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..... ial Court to the extent of prohibiting the accused to produce his defence in the event of non-payment of interim compensation as per Para-5 of the order dated 27.08.2019 was not legal and proper, and therefore, it was quashed and set aside. Remaining order passed by the learned Trial Court of interim compensation was not disturbed by the Revisional Court for getting the interim compensation as pra .....

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