SUNIL KUMAR Vs. STATE OF BIHAR
HIGH COURT OF PATNA
STATE OF BIHAR
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(1.) The following question of law arises for consideration in this writ petition:-
(i) Whether an order for payment of interim compensation under the Negotiable Instrument Act can be enforceable under the Bihar and Orissa Public Demands Recovery Act, 1914 as a public demand?
(2.) The respondent No.4, namely Arun Kumar, (referred to as the private respondent) trader of paddy, wheat etc. allegedly delivered goods worth Rs.1,26,75,600.00 to the petitioner, namely Sunil Kumar in the period of 23/8/2018 to 30/8/2018. As consideration, petitioner issued a cheque no.170288 on 15/3/2019 of Punjab National Bank, Aurangabad which on presentation was dishonoured. Private Respondent sent a legal notice and failure to comply subsequently filed Complaint Case No.319 of 2019 on 16/4/2019 before the Chief Judicial Magistrate, Aurangabad under Sec. 138 of the Negotiable Instrument Act, 1881 (hereinafter referred to as NI Act).
(3.) The learned Additional Chief Judicial Magistrate, III Aurangabad vide order dtd. 21/11/2019 upon consideration of facts and the record, passed an order of interim compensation of Rs.25,00,000.00 under Sec. 143A of the NI Act to be paid by the petitioner herein to the private respondent, within a period of sixty days from the date of order. Subsequently, an order for execution was passed on 28/1/2021 where noting that sufficient time had passed since the original order, extension could not be granted and Sec. 421(1) (b) of the Code of Criminal Procedure was invoked and a warrant was issued to the Collector, Aurangabad authorizing him to realize the above stated amount from the moveable and immovable of the petitioner herein.;
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