Court No. - 72
Case :- APPLICATION U/S 482 No. - 4955 of 2019 Applicant :- Amitabh Kumar Das Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ayush Khanna Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Shyam Shamshery,J.
Ankur Singh Kushwaha has filed his Vakalatnama on behalf of O.P. No.2, which is taken on record.
This application under Section 482 Cr.P.C. has been filed for quashing the Complaint Case No.1692 of 2017, (Devendra Kumar Vs. Amitabh Kumar) under Section 138 of Negotiable Instruments Act, Police Station-Nai Mandi, District-Muzaffar Nagar, as well as the order dated 08.1.2019, passed by the Special Court, 138 N.I. Act, Muzaffar Nagar in Case No.1692 of 2017, (Devendra Singh Vs. Amitabh Kumar Das & Ors),whereby the accused/applicant has been directed to pay 20% of the cheque amount under Section 143-A of N.I. Act This court passed the following order on 07.2.2019:
"Power filed by Shri Atul Dayal on behalf of the applicant is taken on record.
The Applicant has filed the present Application under section 482 Cr.P.C assailing the order dated 08.01.2019 passed by Special Court under section 138 of the Negotiable Instrument Act, Muzaffarnagar in case No 1692 of 2017 (Devendra Kumar Vs Amitabh Kumari) whereby the applicant was directed to deposit 20% of the Cheque amount within 60 days under section 143 A of the N.I. Act. The learned counsel for the Applicant submits that the Trial Court has not considered that out of the Cheque amount, he has already paid more than 20% of the cheque amount which fact is evident from the cross examination of the complainant as mentioned at page 76 of the present Application.
This matter requires consideration.
Let notice be issued to the Opp Party no 2. Learned counsel shall take steps within one week.
List this case on 28.02.2019 in additional cause list."
Learned counsel for the applicant submits that the order impugned is without any reason and the Court has not applied its mind in determining the extent of the percentage of the compensation.
Learned counsel for the O.P. No.2 has also fairly submitted that the order impugned is without any reasoning.
In view of the above, the order impugned dated 08.1.2019 is set-aside.
The application is allowed and the matter is remanded back to the learned trial court to decide the application under Section 143-A of the N.I. Act afresh after giving opportunity of hearing to the parties in accordance with law.
Order Date:-28.2.2019-SB