M. MOHAN RAO Vs. MOHD. TAHIR SHEIKH

JUDGEMENT

(1.) In the present case the challenge is to the order dtd. 26/11/2021 (Annexure P-5) passed by Session Judge, Durg in Cr. Revision No.166/2021 whereby the revision preferred by the petitioner was dismissed.

(2.) The brief facts of the case are that the respondent filed a complaint under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act, 1881), wherein the Court invoking the provisions of Sec. 143A of the Act, 1881 directed the petitioner to pay an amount of Rs.1,20,000.00 as an interim compensation. The said order was passed by learned Court of JMFC on 13/9/2021, which was subject of revision and the revisional Court thereafter dismissed the revision.

(3.) Learned counsel for the petitioner would submit that the validity of the cheque for which the compensation has been granted was for a period of six months and till the validity period is over the proceedings under Sec. 138 of the Act, 1881 cannot be commenced. Consequently, the provisions of Sec. 143A of the Act, 1881 would not be attracted.