Remanded

Jyoti Raj Sachan v. State of Up and Another

Allahabad HC24 Sept 2024A227/7603/2024

Case brief

AI extract

What is this about?

The High Court, under Article 227, set aside an order rejecting an interim compensation application under Section 143-A of the NI Act due to lack of reasoning. The matter was remitted to the trial court to pass a fresh, reasoned order within one month.

What did the court decide?

Impugned order set aside; matter remitted to trial court to pass a reasoned order on the Section 143-A application within one month.

Jyoti Raj Sachan vs State of Up and Another — Cheque Dishonour | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:156170

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Court No. - 87

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Case :- MATTERS UNDER ARTICLE 227 No. - 7603 of 2024

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Petitioner :- Jyoti Raj Sachan Respondent :- State of U.P. and Another Counsel for Petitioner :- Amit Raj Sachan,Rajesh Kumar Sachan Counsel for Respondent :- G.A.

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Hon'ble Ms. Nand Prabha Shukla,J.

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Heard Sri Rajesh Kumar Sachan, learned counsel for the petitioner, Sri Vinay Kumar Singh, learned State Law Officer for the State and perused the record.

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The present petition under Article 227 of the Constitution of India has been filed with a prayer to set-aside the impugned order dated 11.11.2022 passed by the learned Additional Court 2nd, Kanpur Nagar in application of under section 143A moved by the petitioner in Complaint Case No. 7784 of 2018 (Jyoti Raj Sachan vs. Harsh Kumar) under Section 138 Negotiable Instrument Act, 1881, District Kanpur Nagar and also direct the learned Additional Court 2nd Kanpur Nagar to reconsider the application under section 143 A moved by the petitioner in Complaint Case No.7784 of 2018 (Jyoti Raj Sachan vs. Harsh Kumar) under Section 138 Negotiable Instrument Act, 1881, District Kanpur Nagar.

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It has been submitted by learned counsel for the petitioner that though the summoning order dated 24.05.2019 was passed against the respondent no. 2 Harsh Kumar but the application moved by the petitioner/complainant under section 143-A of Negotiable Instrument Act for grant of interim compensation has been rejected without reasoning any reason.

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From the perusal of the record, it is apparent that in the order impugned dated 11.11.2022, no reasons have been assigned before rejecting the application moved by the petitioner under section 143-A of N.I. Act for grant of interim compensation.

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Considering the aforesaid submissions of the learned counsel for the petitioner, the impugned order dated 11.11.2022 passed by the learned Additional Court 2nd, Kanpur Nagar is hereby set-aside.

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Accordingly, the matter is remitted back to the Court concerned to

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pass a fresh order in accordance with law. In case, an application is moved by the petitioner under Section 143-A N.I. Act seeking interim compensation, the same shall be heard and decided with the reasoned order in spirit of Section 143(3) of Negotiable Instrument Act, 1881, within a period of one month from the date of the order, if there is no other legal impediments.

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With the aforesaid directions, the present petition is accordingly, disposed of.

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Order Date :- 24.9.2024

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Monika

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Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad

Jyoti Raj Sachan v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Jyoti Raj Sachan v. State of Up and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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