Manipur High Court
Paonam Premchand Mangang vs Potsangbam Nilakanta Singh on 25 February, 2026
Author: A. Guneshwar Sharma
Bench: A. Guneshwar Sharma
Item Nos. 19-20
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
CRIL.PETN. No. 18 of 2026
Paonam Premchand Mangang.
...Petitioner
- Versus -
Potsangbam Nilakanta Singh.
...Respondent
With
MC(Cril.Petn.) No. 15 of 2026
B EF O R E
HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
ORDER
25-02-2026
[1] Heard Mr. A. Golly, learned counsel for the petitioner.
[2] The petitioner is aggrieved by the order dated 16-03-2023 passed
by the learned Chief Judicial Magistrate, Imphal West in Cril. Misc. Case No.
294 of 2022 (Ref. Cril. (N.I.) Case No. 62 of 2021) whereby the petitioner
was directed to pay interim compensation to the respondent under the
provision of Section 143A of Negotiable Instruments Act and the order dated
04-11-2025 passed by the learned Addl. Sessions Judge (FTC), Manipur
East in Criminal Revision Case No. 4 of 2023 whereby the revision filed by
the petitioner against the order of the learned CJM, Imphal West was
dismissed upholding the impugned order dated 16-03-2023 with a direction
to deposit the interim compensation of 20% of the cheque amount before
the learned Trial Court within 90 days. Thereafter, the learned CJM, Imphal
West, vide order dated 06-02-2026, imposed a cost of Rs. 10,000/- upon the
petitioner for not depositing the interim compensation.
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[3] Issue notice to the sole respondent. [4] Petitioner is directed to take steps to the respondent by speed post
within one week and file an affidavit of proof of service.
[5] Mr. A. Golly, learned counsel for the petitioner, submits that the
petitioner who is the accused in the court below has a good case on merit
and he has already reported to the Officer-in-charge of Lamphel Police
Station on 26-08-2021 about the loss of some official documents, signed
non-judicial stamps and some signed cheques of different bank accounts
belonging to the petitioner from his office. Thereafter, the respondent used
one of the signed cheque leaves which was alleged to be missing from his
official desk on 15-09-2021 and deposited the same with his bank and the
same was dishonored. Upon this, the respondent filed a complaint case
against the petitioner under Section 138 of the Negotiable Instruments Act,
1881. It is also submitted that the account under which the cheque leaf was
submitted is the personal account of the petitioner and as per the status
given by the Deputy Branch Manager, ICICI Bank Limited, Lamphelpat, the
account is dormant from 01-12-2018 till 28-09-2021. It is submitted that the
petitioner has a good prima facie case on merit for rebuttal presumption
under Section 139 of NIA. Due to personal difficulty of the petitioner at that
time, he could not file any reply to the Cril. Misc. Case No. 294 of 2022 filed
by the respondent and this fact was not considered by the learned CJM and
learned Addl. Sessions Judge (FTC), Manipur East. It is submitted that the
impugned orders may be stayed till the next date and the petitioner may be
permitted to contest the case on merit. Mr. A. Golly, learned counsel for the
petitioner, submits that he has already submitted Rs. 10,000/- cost imposed
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by the learned CJM, Imphal West and prays that the direction for depositing
interim compensation of 20% of the cheque amount before the trial court be
stayed till the next date.
[6] This Court has perused the material on record and found
substance in the submission of the learned counsel for the petitioner.
Accordingly, the direction for interim compensation payment of 20% of the
cheque amount before the trial court by the petitioner is stayed till the next
date. However, it is clarified that there is no stay of the proceeding of the
complaint case before the learned CJM, Imphal West.
[7] List these cases on 26-03-2026.
[8] Send a copy of this order to the learned CJM, Imphal West for
information.
JUDGE
Victoria
NINGOM Digitally signed
by NINGOMBAM
BAM VICTORIA
Date: 2026.02.26
VICTORIA 13:56:28 +05'30'
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