Sessions Court upholds cost imposed on Small Industries Development Bank of India amounting to Rs 14 lakh
Jul 15, 2023
New Delhi [India], July 15 : A Sessions Court of Patiala House Court has upheld the cost imposed on the Small Industries Development Bank of India (SIDBI).
The complainant/revisionist, being aggrieved by the cost imposed by the Magistrate approached the Sessions Court for waiver of the cost imposed.
The Additional Sessions Judge Rajinder Singh has recently upheld the Magistrate Court order, in a cheque dishonour case wherein the magistrate imposed a cost of 1 per cent of the cheque amount which was 14 crores amounting to 14 lacs on the complainant i.e: M/s Small Industries Development Bank of India (SIDBI) was challenged before the sessions court.
The magistrate passed the order on account non-appearance of the complainant and negligence in pursuing the complaint that it had registered 6 years ago under the Negotiable Instrument Act.
The Magistrate Court being dissatisfied with the pace of judicial proceedings due to the negligence of the complainant imposed a cost of 1 per cent of the cheque amount which was 14 crores amounting to Rs 14 lakh.
Advocate Rhythm Aggarwal appeared on behalf of the respondent ie Suryavinayak industries ltd. argued on the maintainability of the application and stated that the powers of the revision cannot be exercised for interlocutory orders in terms of section 397(2)CrPC.
Aggarwal further retreated that the impugned order is an interlocutory order as it neither decides the rights of the parties with regards to the merits of the case nor terminates the proceedings and thus cannot be set aside and relied upon a full bench supreme court judgement.
The counsel for the complainant vehemently opposed the application and argued that the impugned order is not an interlocutory order without providing any explanations for the said submission. The Court found merit in Advocate Rhythm’s arguments and upheld the Magistrate’s order imposing the cost of Rs 14 lakh
