Order 1

Order Details: Order
Pdf Text: 1 C. C. No.508/SS/2018
Exh.21
ORDER BELOW EXH.21
1. This is an application filed by complainant under
Section 143-A of Negotiable Instrument Act with the prayer
that accused be directed to pay 20 % of cheque amount towards
interim compensation to it.
2. Sufficient opportunity was given to the accused to
file his say on this application. Inspite of that he did not file his
say. Hence, on 01/09/2023 order was passed on application to
proceed without say of accused.
3. Heard advocate for complainant.
4. Perused the complaint. It is contended that
complainant and accused got acquainted with each other
through frequent online chats on Facebook as well as various
personal meetings offline. On the basis of faith and confidence,
accused demanded a friendly loan from complainant.
Complainant agreed to advance him a friendly loan of
Rs.8,60,000/- and accused was to repay the same within a course
of few days. Upon repeated follow ups from complainant,
accused issued a cheque bearing No.000001 dated 18/08/2017
drawn on Kotak Mahindra Bank for amount of Rs.4,50,000/-.
The cheque was presented for encashment but it was
dishonoured on 15/11/2017 with remark ‘Funds Insufficient’.
After dishonour of cheque, demand notice was sent to the ac-
cused on 14/12/2017. It is further contended that the notice
was served upon accused on 15/12/2017. According to com-
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2 C. C. No.508/SS/2018
Exh.21
plainant, accused despite receipt of notices, did not pay the
cheque amount within stipulated period i.e. 15 days of receipt
of the notice. He has contended that therefore, he filed present
complaint on 30/01/2018. Section 143-A was inserted in N.I.
Act empowering the Court to direct interim compensation to
the complainant from drawer of the cheque. The Section was
given effect from 01/09/2018.
5. It is held by the Hon'ble Apex Court in the case of
G.J. Raja V/s. Tejraj Surana arising out of [Criminal Appeal
No.1160 of 2019 @ S.L.P. (Criminal) No.3342 of 2019 decided on
30/07/2019] that, Section-143A of the Negotiable Instruments
Act is prospective in operation. The provisions of Section-143A
can be applied or invoked only in cases where the offence
u/s.138 of the Act is committed after introduction of said
Section-143A in the statute book. It appears from pleading of
complainant that cause of action for filing complaint arose on
31/12/2017. Considering the law laid down by Hon’ble Apex
Court and date of insertion of Section 143A in the Act,
complainant is not entitled to interim compensation as prayed.
Therefore, application deserves to be rejected :
ORDER
Application is rejected.
Date : 12/02/2024
Sd/-
( Shri. R.D. Dange )
Metropolitan Magistrate,
63rd Court, Andheri, Mumbai
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