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SURYA PRAKASH KEJRIWAL v. M/S GOPIRAM CHETRAM

Supreme Court of India | Diary 9503/2024

Status

Order

Decided On

2024-12-04

Bench

HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH, HON'BLE MR. JUSTICE ABHAY S. OKA

Petitioner

SURYA PRAKASH KEJRIWAL

Respondent

M/S GOPIRAM CHETRAM

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Full Judgment Text

1

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NOS._______/2024 [ARISING OUT OF SPECIAL LEAVE PETITION (CRIMINAL) NOS. 4681-4684/2024]

SURYA PRAKASH KEJRIWAL APPELLANT(s)

VERSUS

M/S GOPIRAM CHETRAM RESPONDENT(S)

O R D E R

1. Leave granted.

2. The respondent is a complainant in the complaints

filed under Section 138 of the Negotiable Instruments Act,

1881 (for short, ‘N.I. Act’). The appellant was shown as

an accused in the complaints in his capacity as the

Director of the first accused which is a private limited

company. Admittedly, the cheques subject matter of the

complaints were drawn on the account of the first accused -

company. The appellant was a signatory to the cheques. On

an application made by the first respondent under Section

143A of the N.I. Act, the learned Magistrate passed an

order on 15th March, 2023 directing the accused company and

2

the appellant to pay a sum of Rs.50,00,000/- (Rupees Fifty

Lakhs Only) each as interim compensation. The said order

was interfered with by the Sessions Court. By the impugned

judgment, on a petition filed by the first respondent, the

High Court has restored the order dated 15th March, 2023 of

the learned Trial Court.

3. The issue is no more res integra. In the case of

Shri Gurudatta Sugars Marketing P. Ltd. vs. Prithviraj

Sayajirao Deshmukh and Ors., (2024...

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