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TMI Blog2022 (9) TMI 1425X X X X Extracts X X X X X X X X Extracts X X X X ..... ass, Sirsa, would indicate the date to both the parties for finally arguing with respect to the deposit as per the provisions of Section 143-A of the Negotiable Instruments Act, 1881. Petition disposed off. - CRM-M-32880-2022 (O&M), CRM-M-32887-2022 (O&M), CRM-M-32890-2022 (O&M), CRM-M-32891-2022 (O&M), CRM-M-32895-2022 (O&M), CRM-M-32896-2022 (O&M), CRM-M-32899-2022 (O&M) and CRM-M-32906-2022 (O&M) - - - Dated:- 1-9-2022 - Hon'ble Mr. Justice Vikas Bahl For the Petitioner : Present: Mr. Gaurav Aggarwal, Advocate. For the Respondent (in all cases) : Mr. Ashok Paul Batra, Advocate. ORDER VIKAS BAHL, J. (ORAL) This order will dispose of 08 petitions filed by the same petitioner against the orders passed b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exceed 20%. Ṭhe language of Section 143A being couched with such discretion, the discretion if not exercised in a manner known to law, becomes an arbitrary action. 13. Application of mind in exercise of discretion is discernible only in an order that contains reasons, and reasons can be found only if they are recorded in writing, and if reasons are recorded in writing, it is only then the order will be within the counters of law. Reliance has also been placed on the judgment of the Madras High Court dated 12.07.2019 and paragraph 7 of the said judgment has been highlighted, which is reproduced hereinbelow:- 7. In view of the above finding, the word may , gives the discretion to the trial court to direct the accused t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submitted that in view of the above, they would have no objection in case the impugned order is set aside and has prayed that the fresh order be passed by the Judicial Magistrate Ist Class, Sirsa,within a period of 15 days from the date of the receipt of the certified copy of the present order. Keeping in view the aforesaid facts and circumstances and also the stand taken by the counsel for the respondent-complainant (s) the present petitions are allowed and the impugned order in all the cases is set aside with the following directions:- (i) Counsel for the petitioner, as well as the complainant (s) are directed to appear before the trial court on 07.09.2022 and move a joint application, bringing to the notice of the court the present ..... X X X X Extracts X X X X X X X X Extracts X X X X
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