Order 1

Order Details: Order
Pdf Text: 1 C. C. No.1368/SS/2018
ORDER BELOW EXH.13
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. Brief contention of the application :
Complainant has filed present complaint under
Section 138 of N.I. Act against accused for dishonoured of
cheque amounting to Rs.12,41,500/-. He prays to pass the order
of interim compensation under Section 143A of N.I. Act in the
interest of justice. Hence, this application.
3. Accused opposed the application by filing her at
(Exh.16). She submitted that complainant had filed case against
her as she is proprietor of Namita Enterprises. She further sub-
mitted that she had not made purchases nor had signed any in-
voice/ bill for taking delivery of ornaments as alleged by the
complainant. She also submitted that complainant brought on
record dishonoured cheques which were not signed by her. She
has submitted that there is no liability to discharge and she is
not liable to pay compensation as claimed by complainant. She
lastly prayed to dismiss the application.
4. Heard advocate for complainant. No argument on
behalf of accused.
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2 C. C. No.1368/SS/2018
5. Perused the complaint. It is contended that
complainant is engaged in business of Gold in the name of M/s.
Kundan Jewellers Pvt. Ltd. Company and accused had pur-
chased gold worth Rs.12,41,500/- from him. It is contended
that accused for the payment of said liability issued cheques
bearing No.000253 dated 27/10/2017 for Rs.4,66,500/- and
cheque No.000255 dated 30/10/2017 for Rs.7,75,000/- both
drawn on ICICI Bank, Versova Branch, Mumbai. The cheques
were presented for encashment but they were dishonoured on
04/01/2018 and 08/01/2018 respectively with remark ‘Funds
Insufficient’. After dishonour of cheques, demand notice was
sent to the accused on 10/01/2018. It is further contended that
the notice was served upon accused on 31/01/2018. According to
complainant, accused despite receipt of notice, did not pay the
cheques amount within stipulated period i.e. 15 days of receipt
of the notice. He has contended that therefore, he filed present
complaint on 14/03/2018. 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.
6. 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
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3 C. C. No.1368/SS/2018
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
15/02/2018. 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 : 24/11/2023
Sd/-
( Shri. R.D. Dange )
Metropolitan Magistrate,
63rd Court, Andheri, Mumbai
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