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TMI Blog2022 (10) TMI 136X X X X Extracts X X X X X X X X Extracts X X X X ..... al to the petitioner-accused company from time to time. In partial discharge of its legal liability, a cheque bearing No.373913 dated 25.10.2019 for a sum of Rs.77,25,000/- was issued by the petitioner-accused company. The said cheque was dishonoured leading to the initiation of proceedings under the Negotiable Instruments Act, 1881 (for short "the Act"), the filing of the complaint and consequent summoning order dated 08.01.2020. The petitioner No.2/accused appeared before the Trial Court on 12.11.2021 and was granted bail on the same date. On that very date, finding a prima facie case, the petitioner No.2-accused was served a notice of accusation for having committed an offence under the Act to which he pleaded not guilty and claimed trial. Another application under Section 143-A of the Act praying for interim compensation was moved, which was adjourned for filing a reply. A reply was submitted by the petitioner No.2-accused. It was stated that the grant of interim compensation under Section 143-A of the Act was discretionary in nature depending on the facts and circumstances of each case and since the petitioner No.2-accused had a good case on merits, the compensation ought not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat there was conferred a discretion upon the Court to award upto 20% of the cheque amount as interim compensation to the complainant in appropriate cases depending on the facts and circumstances of each case: Circumstance under which compensation could be awarded was where the accused persons were absconding or had protracted the proceedings or were intentionally evading the proceedings/service for a long time and the presence of the accused was secured only by virtue of non-bailable warrants. This list was not exhausted but more illustrative in nature. The Court came to the conclusion that the merits of the case as to whether the cheques were given as security cheques, etc. were not relevant when the summoning order itself was not being challenged. It was also observed that the petitioner-accused No.2 had moved repeated applications for exemption of his personal appearance, which had delayed the trial, and therefore, the record itself showed that on account of delayed appearance and trial, the order passed by the Judicial Magistrate Ist Class, Gurugram, was justified. Therefore, the revision petition came to be dismissed vide order dated 26.07.2022 (Annexure P-2). 4. The aforeme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e law relating to Promissory Notes, Bills of Exchange and Cheques. The said Act has been amended from time to time so as to provide, inter alia, speedy disposal of cases relating to the offence of dishonour of cheques. However, the Central Government as been receiving several representations from the public including trading community relating to pendency of cheque dishonour cases. This is because of delay tactics of unscrupulous drawers of dishonoured cheques due to easy filing of appeals and obtaining stay on proceedings. As a result of this, injustice is caused to the payee of a dishonoured, cheque who has to spend considerable time and resources in court proceedings to realise the value of the cheque. Such delays compromise the sanctity of cheque transactions". 2. It is proposed to amend the said Act with a view to address the issue of undue delay in final resolution of cheque dishonour cases so as to provide relief to payees of dishonoured cheques and to discourage frivolous and unnecessary litigation which would save time and money. The proposed amendments will strengthen the credibility of cheques and help trade and commerce in general by allowing lending institutions, inc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cient grounds to proceed against the accused under Section 138 of the Negotiable Instrument Act. As a necessary corollary of the above discussion accused is hereby summoned for commission of offence u/s 138 of Negotiable Instrument Act. Summons be issued to the accused for 26.02.2020 on filing of process fees through registered cover/ Speed Post/Approved courier Service/e-mail. Summons be given dasti, if so desired. "Complaint presented today. It be checked and registered. CW-1 is present and tendered his affidavit as Ex. CW1/A along with documents spelled out in the preliminary evidence. Thereafter, preliminary evidence closed. Arguments on the point of summoning of accused heard. Based on documentary evidence tendered as well as oral submission made by the counsel, this court is satisfied that the present complaint is within limitation and accused has prima facie committed an offence punishable under Section 138 of N.I. Act. Vide my separate order of even date, the accused is ordered to be summoned under Section 138 of the N.I. Act by all modes except publication on filing of PF, RC, etc. on fresh address for 26.02.2020. Summons be given dasti if desired". The matter stood a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before this court not issued in view of extension of lock down period on account of spread of Novel Coronavirus (Covid-19) Pandemic. In view of order bearing Endst. No. 4437 dated 25.09.2020 passed by Ld. District and Sessions Judge, Gurugram. Let, the matter stands adjourned for _________ for the purpose already fixed. Parties/counsel/witnesses be informed accordingly". On 28.01.2021, the following order was passed:- "Bailable warrants against the accused not issued by the concerned Ahlmad. Ahlmad is warned to be careful in future. Ahlmad is directed to issue fresh bailable warrants in the sum of Rs. 5000/- with one surety in the like amount against the accused for 28.04.2021". The matter stood adjourned to 28.04.2021, on which date, the following order was passed:- "File taken up in view of order bearing Endst. 2105 dated 15.04.2021 passed by Ld. Sessions Judge, Gurugram in continuation Endst. no. 46/RG/Spl./Misc. Dated 08.01.2021 of Hon'ble High Court, the matter stands adjourned for ____________ for the purpose already fixed. Parties/counsel/witnesses be informed accordingly". On 07.09.2021, the following order was passed :- "An application for exemption from furni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fine of Rs. 1000/- imposed upon him. Fine paid. Accused is hereby enlarge on bail on furnishing of surety bond in the sum of Rs. 2,00,000/- with one surety in the like amount. Bail bonds and surety bond (Copy of Sale Deed) furnished, accepted and attested. Accused be released forthwith. In compliance of order dated 01.06.2018 in CWP No. 4898 of 2018, let necessary directions through separate letter be issued to the concerned Tehsildar for not transferring the vehicle tto any person/entity without prior permission of this court. Let copy of sale deed be also attached with letter. Endorsement of the compliance be made on the order sheet by concerned Reader within three days. Arguments heard on notice of accusation. Finding a primafacie case, accused has been served by way of notice of accusation for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 to which he pleaded not guilty and claimed trial. Another application under Section 143-A of NI Act has been moved by complainant through his counsel. Adjournment sought. Heard. Now, case stands adjourned to 26.11.2021 for submitting plea of defence and for filing reply of above-mentioned application". O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as adjourned to 08.04.2022. The order dated 09.03.2022 reads as below:- "Reply to application under Section 143A of NI Act has been filed. Copy supplied. Plea of defence of accused recorded separately. An application under Section 145(2) of NI Act for cross examination of complainant has been moved. Copy supplied. In view of the facts mentioned in the application, the same stands allowed. Now to come up on 08.04.2022 for cross-examination of complainant as well as argument on application u/s 143A of NI Act". On 08.04.2022, once again, an application seeking exemption from personal appearance was filed, which was allowed as per the following order:- "An application seeking exemption from personal appearance of the accused has been filed. Considering the grounds mentioned in the application, the same stands allowed for today only. Now to come up on 22.04.2022 for cross-examination of complainant as well as argument on application u/s 143A of NI Act". On 22.04.2022, once again an application for exemption from personal appearance of the petitioner No.2-accused was moved, which was allowed. The order dated 22.04.2022 is reproduced hereinbelow- "An application seeking exemption ..... X X X X Extracts X X X X X X X X Extracts X X X X
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