9911796707
TMI Blog2022 (1) TMI 4X X X X Extracts X X X X X X X X Extracts X X X X ..... t, directing the accused to pay interim compensation, cannot be held to be valid. Petition allowed. - Criminal Misc. Petition (Main) U/S 482 CRPC No. 700 of 2021 - - - Dated:- 18-12-2021 - HON BLE MR. JUSTICE SANDEEP SHARMA For the Appellant : Mohar Singh, Advocate ORDER Having regard to the nature of order proposed to be passed in the instant case, this Court sees no necessity to issue notice to the respondent, who in the event of notice being issued, shall be unnecessarily burdened to engage a lawyer to defend her before this Court. 2. Instant petition filed under Article 227 of the Constitution of India read with Section 482 of Cr.P.C., lays challenge to order dated 22.10.2021, titled as Smt. Ramanjeet Chadha v. S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t funds and accused failed to make the payment despite having received the legal notice, complainant instituted a complaint under Section 138 of the Act on 25.4.2018. In the aforesaid case, court exercising power under Section 143A of the Act, directed the accused to pay interim compensation of ₹ 42,600/- and as such, he has approached this Court in the instant proceedings. 6. Issue, as has been raised in the instant petition, stands already decided by this Court vide judgment dated 13.11.2019, in Cr. MMO No. 681 of 2019, titled Vinod Kumar v. Mukesh Kumar, wherein this Court while placing reliance upon the judgment passed by the Hon'ble Apex Court in case titled G.J. Raja v. Tejraj Surana, 2019 (19) SCC 469, has held that Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplies at the appellate stage where the accused is already found guilty of the offence under Section 138 of the Act. It may be stated that there is no provision in Section 148 of the Act which is similar to 5 (2007) 13 SCC 492 6 (2019) 8 SCALE 445 Criminal Appeal No. 1160 of 2019 @ SLP(Crl.) No. 3342 of 2019 G.J. Raja vs. Tejraj Surana Sub-Section (5) of Section 143A of the Act. However, as a matter of fact, no such provision akin to sub-section (5) of Section 143A was required as Sections 421 and 357 of the Code, which apply post conviction, are adequate to take care of such requirements. In that sense said Section 148depends upon the existing machinery and principles already in existence and does not create any fresh disability of the nat ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
