Patna High Court

Dilip KumarversusThe State of Bihar

Decided: 2 February 2026
Disposal: CONVERTED
Bench: ARUN KUMAR JHA

Holding

Interlocutory orders under Section 143A cannot be assailed in revision; the petition must be converted to a criminal miscellaneous petition.

Summary

The petitioner, Dilip Kumar, filed a criminal revision challenging an order of the Additional Chief Judicial Magistrate directing the accused to pay 20% of a dishonoured cheque as interim compensation under Section 143A of the Negotiable Instruments Act. The High Court held that the order was interlocutory and not appealable in revision, and that the petition should have been filed in the criminal miscellaneous jurisdiction. The Court granted permission to convert the revision petition into a criminal miscellaneous petition, directing the petitioner to do so within two weeks and ordering the office to cooperate. The opposite party was warned that if the conversion is not effected, they may seek further directions. The order thus remanded the matter for procedural conversion rather than deciding the substantive claim.

Issues considered

Whether an interlocutory order directing interim compensation under Section 143A can be challenged in a criminal revision.
Whether the appropriate forum for the petition is the criminal miscellaneous jurisdiction.

Legislation cited

Negotiable Instruments Act — s. 143A

Subjects

revision jurisdiction
criminal miscellaneous jurisdiction
interlocutory order
Negotiable Instruments Act
interim compensation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                        CRIMINAL REVISION No.730 of 2024
                 Arising Out of PS. Case No.-2055 Year-2020 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
                 Dilip Kumar S/O Late Prem Bihari Prasad R/O Village- Villa, East Tilak
                 Nagar, Bahadurpur, P.S- Patrakarnagar, Distt.- Patna.
                                                                       ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar
           2.     Brajesh Kumar Pandey S/O Sri Dadan Pandey R/O Village- Ganga Vihar
                  Colony, P.S- Beur, Distt.- Patna.
                                                                   ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :     Mr.Arvind Kumar, Advocate
                 For the State             :     Mr.Suman Kumari Singh, APP
                 For O.P.No. 2             :     Mr. Manoj Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   02-02-2026                    The instant revision petition has been filed against

                   the order dated 24.06.2024 passed by the learned Additional

                   Chief Judicial Magistrate-IV, Patna in Complaint Case No.

                   2055(C)/2020 whereby and whereunder the learned Magistrate

                   directed the accused for making payment of 20% of

                   dishonoured cheque to the complainant as interim compensation

                   within a period stipulated under Section 143A of Negotiable

                   Instruments Act.

                                 2. Office has pointed out that the present petition

                   ought to have been filed in criminal miscellaneous jurisdiction.

                   Moreover the nature of the impugned order is interlocutory and

                   such order cannot be assailed in the revisional jurisdiction.

                                 3. At this stage, the learned counsel for the petitioner
           Patna High Court CR. REV. No.730 of 2024(3) dt.02-02-2026
                                                        2/2




                     seeks permission to convert the present petition into a criminal

                     miscellaneous petition under appropriate heading.

                                  4. Permission is accorded.

                                  5. Learned counsel for the petitioner is directed to

                     convert the present petition into a criminal miscellaneous

                     petition under appropriate heading within two weeks.

                                  6. Office is directed to extend all cooperation towards

                     conversion.

                                  7. At this stage, learned counsel appearing on behalf

                     of opposite party no. 2 submits that the petitioner has been

                     taking advantage of the fact that the present petition has been

                     filed before this Court and has failed to comply the order dated

                     24.06.2024 till date and if the permission is granted to convert

                     the same, he will keep the matter pending for a quite long time

                     again before this Court.

                                  8. However, it is made clear that if the petitioner fails

                     to convert the petition within the stipulated period, learned

                     counsel for the opposite party no. 2 is at liberty to move before

                     this Court seeking appropriate direction.



                                               (Arun Kumar Jha, J)
V.K.Pandey/-

U      T

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