9911796707
TMI Blog2022 (6) TMI 299X X X X Extracts X X X X X X X X Extracts X X X X ..... s and circumstances of the case, on the entire cheque amount for a resolution of the lis before this Court. It is deemed appropriate to modify the order passed by the Revisional Court dated 25.10.2021 by modifying the amount that is payable by the petitioner in terms of 143A of the Negotiable Instruments Act to 10% of the instrument from 20% as ordered, which shall be deposited before the learned Magistrate by the petitioners, within four weeks from the date of receipt of the copy of this order and the complainant would be at liberty to withdraw the same in terms of the mandate of the statute - criminal petition disposed off. - Criminal Petition Nos. 10169 of 2021 , 3029 of 2022 - - - Dated:- 24-5-2022 - THE HON'BLE MR. JUSTICE M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his order dated 18.03.2021, rejected the application on the ground that it did not contained reasons as to why the said amount is required for the complainant. This rejection was called in question by the complainant before the Revisional Court in Crl.R.P. No. 25030/2021. After hearing the parties, the Court has allowed the application filed by the complainant under Section 143A of the Negotiable Instruments Act, while setting aside the order of the learned Magistrate. It is this order that the accused calls in question in these proceedings. 5. Learned Senior counsel would submit that the order passed by the Revisional Court suffers from non-application of mind, as the order itself is incongruous. He would further submit that out of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f by the Revisional Court. 9. Therefore, in my considered view, the amount of 20% be reduced to 10% in the peculiar facts and circumstances of the case, on the entire cheque amount for a resolution of the lis before this Court. 10. Learned Senior counsel would further submit that the matter is set for cross-examination on 31.05.2022 and would not seek any time and would co-operate for conclusion of the proceedings. The same submissions are made by the learned counsel for the respondent as well with regard to co-operation in completion of the proceedings. 11. Therefore, in the peculiar facts of this case, I deem it appropriate to modify the order passed by the Revisional Court dated 25.10.2021 by modifying the amount that is payable ..... X X X X Extracts X X X X X X X X Extracts X X X X
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