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Judgment
The point raised in the present petition is very limited.
Respondent herein i.e. Sh. Anil Kumar Jain filed a complaint under Section 138 of Negotiable Instruments Act, 1881 against the petitioner herein. When such petition was taken up by the learned Magisterial Court on 22.03.2024, the accused (petitioner herein) was burdened with a cost of Rs.10,000/-.
Such order was challenged by the petitioner by filing a Revision Petition before the learned Court of Sessions. However, since the abovesaid Revision Petition was not pursued in the desired manner, the petitioner was burdened with additional cost of Rs.22,000/-.
It is in the abovesaid context that the present petition has been filed seeking invocation of inherent powers as such order of imposition of cost is too harsh and excessive.
Undoubtedly, the point raised before the learned Revisional Court was very short and precise as the accused was, merely, aggrieved by the imposition of cost of Rs.10,000/- upon him. In view of the above, apparently, the imposition of further cost, even if it is for the manner in which the petitioner had been pursuing his Revision Petition, was disproportionate. Revisional Court had not granted any interim solace to the petitioner and, therefore, the matter could have been simply adjourned.
Be that as it may, the present petition is disposed of by granting liberty to the petitioner to file application afresh before the learned Revisional Court seeking waiver of cost. As and when any such application is filed, learned Revisional Court would consider the same in accordance with law.
This Court expects that the learned Revisional Court would also consider that the Revision is on a very short point and would make best endeavour to dispose of the Revision Petition, as expeditiously as possible.
The petition stands disposed of in aforesaid terms.
All rights and contentions of the parties are reserved.
Copy of this order be sent to learned Revisional Court for information.
Pending applications also stand disposed of.