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143 A Application

The complainant, Ahad Siddique, has filed a case against Bilal Khan for the dishonor of a cheque amounting to Rs.50,000, which was part of a settlement for a larger outstanding amount of Rs.17,14,294 due to incomplete architectural work. The complainant seeks an interim compensation of 20% of the cheque amount, totaling Rs.10,000, under Section 143A of the Negotiable Instruments Act, citing financial losses incurred from the accused's failure to fulfill contractual obligations. The application emphasizes the merits of the case and requests the court to direct the accused to pay the interim compensation in the interest of justice.

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89 views4 pages

143 A Application

The complainant, Ahad Siddique, has filed a case against Bilal Khan for the dishonor of a cheque amounting to Rs.50,000, which was part of a settlement for a larger outstanding amount of Rs.17,14,294 due to incomplete architectural work. The complainant seeks an interim compensation of 20% of the cheque amount, totaling Rs.10,000, under Section 143A of the Negotiable Instruments Act, citing financial losses incurred from the accused's failure to fulfill contractual obligations. The application emphasizes the merits of the case and requests the court to direct the accused to pay the interim compensation in the interest of justice.

Uploaded by

yohan chougule
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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IN THE COURT OF HON’BLE 11TH JT. CIVIL JUDGE SR.

DN. NAGPUR.

SUMMARY CRIMINAL CASE NO. 599/2023

Ahad Siddique

--VERSUS--

Bilal Khan

APPLICATION UNDER SECTION 143A OF NEGOTIABLE


INSTRUMENTS ACT, 1881

The Complainant must humbly and respectfully submits as under:

1. That, the complainant has filed the present complaint for


punishing accused person for the dishonour of cheque of
Rs.50,000.00 (Rupees Fifty Thousand), issued towards
initial amount of settlement of matter pending before the
Hon’ble District Consumer Forum, Nagpur. That, due to
non-payment of outstanding amount and more particularly
due to cheque amount the complainant is facing financial
losses.

2. That the accused/non-applicant is well aware that as per the


agreed terms of the contract the accused did not complete the
architectural work within a stipulated time as time was the
essence of the contract, due to which the Complainant has
suffered a loss to the tune of Rs.17,14,294/- and which is
still due and recoverable by the Complainant from the
accused and therefore, the Complainant filed a Consumer
Complaint against the accused before the Hon’ble District
Consumer Forum, Nagpur dated 15.06.2022 for recovery of
amount and damages.

3. Thereafter, the accused contacted the Complainant and tried


to settle the dispute for Rs.10,00,000/- to which the
Complainant agreed. In order to facilitate the settlement the
accused issued a cheque of Rs.50,000/- towards the initial
amount of settlement and further the accused sought 1 month
time to pay the remaining settlement amount. That as per
newly added section 143A in Negotiable Instruments Act,
the accused person is liable to pay 20% of the cheque
amount towards interim compensation to the complainant.

4. It is submitted that if the accused person are directed to pay


the 20% of cheque amount i.e. Rs.10,000/- (Rupees Ten
thousand only), the complainant shall be compensated
partially. That the complainant has very good case on merits
and there is every possibility that complaint of the
complainant shall be allowed, in these facts and
circumstances the accused person shall be directed to pay
20% of the cheque amount towards interim compensation to
the complainant.
5. That the complainant relies upon the averments made in the
Complaint under Section 138 of the Negotiable Instruments
Act, 1881.

Hence this application

PRAYER: It is therefore most humbly prayed that this Hon’ble


Court be pleased to direct the accused person to pay 20% i.e.
Rs.10,000/- (Rupees Ten thousand only) of the cheque amount
towards interim compensation to the complainant, in the interest of
justice.

NAGPUR COUNSEL FOR COMPLAINANT


DATE:10.11.2023 (Adv. Yohan Chougule)

SOLEMN AFFIRMATION

I, Shri Ahad Siddique, Age About: 30 Years, Occ.: Business, R/o.:


201, AASRA Homes, Chitnis Layout, Byramji Town, Nagpur-
440013, the Complainant herein, do hereby take on oath and state
on solemn affirmation as under:-
1. That, factual statements made in the application are as per
the facts of the case available on record and true to my knowledge
as per record.

2. That, the legal submissions in the application are drafted as


per my instructions and are correct and believed by me to be
correct.

Hence, verified and signed at Nagpur on this 10 th day of November


2023.

DEPONENT

I know and identify the Deponent.

ADVOCATE

(Adv. Yohan Chougule)

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