1. Heard Shri Shantanu Mishra, learned counsel for the applicants and Shri Anurag Verma, learned Additional Government Advocate.
2. This application under Section 482 CrPC (now Section 528 BNSS, 2023) has been filed assailing the order dated 15.05.2025 passed in Case No. 111255 of 2023; Raj Kishore Sharma vs. Dhanu Krishi Sewa Kendra and another by the Additional Court No. 9 (NI Act), Lucknow and order dated 28.05.2025 passed in Criminal Revision No. 282 of 2025; Dhanu Krishi Sewa Kendra vs. Raj Kishore Sharma and others by the Session Judge, Lucknow.
3. Learned counsel for the applicants submits that the application filed under Section 143A of Negotiable Instruments Act (here-in-after referred as NI Act) for interim compensation by the respondent no. 2 has wrongly and illegally been allowed by the concerned court. He further submits that the presumption for payment of interim compensation could not have been drawn at this stage and it can be drawn only at the stage of trial after considering evidence. He further submits that the cheques-in-question were lost, therefore, a Lost Article Report (LAR) was lodged with the bank, on account of which, the stop payment was made and the cheques were returned on account of stop payment and not on account of insufficiency of funds. He further submits that the payment in cash has been said to have been made to the respondent no.2, whereas no proof thereof has been placed on record. He further submits that the total amount paid has been shown as Rs. 12,50,000/-, whereas the cheques-in-question are of Rs. 2,50,000 and Rs. 6,00,000/- i.e. total of Rs. 8,50,000/-. He further submits that being aggrieved by the order passed by the trial court, the applicants had filed a revision, which has also been dismissed without considering the grounds raised by the applicants. He relies on the judgment and order dated 15.03.2024 passed in Rakesh Ranjan Shrivastava vs. The State of Jharkhand and another; Criminal Appeal No. 741 of 2024 by the Hon’ble Supreme Court.