Interim Order 1

Order Details: Order
Pdf Text: 1 C. C. No.1887/SS/2018
Exh.9
ORDER BELOW EXH.9
1. This is an application filed by complainant under
Section 143-A of Negotiable Instrument Act (in short N.I. Act)
for seeking interim compensation.
2. Complaint has been filed under Section 138 of N.I.
Act against accused. It is contended that accused appeared
before the Court and pleaded not guilty. It is next contended
that provision of Section 143A of N.I. Act, empowered the
Court to direct the accused to pay interim compensation to the
complainant. Hence, he prayed that accused may be directed
to pay interim compensation of 20% of disputed cheque
amount to her.
3. Accused has resisted the application by filing his say
at Exh.10. He has submitted that the provision of Section 143A
of the N.I. Act is discretionary and not mandatory. He has
further stated that Section 143A was came into force w.e.f.
01/09/2018. He placed his reliance on the decision of the
Hon’ble Supreme Court in the case of G.J. Raja V/s. Tejraj
Surana reported in Criminal Appeal No.1160 of 2019 @ S.L.P.
(Criminal) No.3342 of 2019 decided on 30/07/2019] and
prayed for rejection of the application by contending that said
provision is not applicable to this case.
4. It is held by the Hon'ble Supreme Court in the
case of G.J. Raja V/s. Tejraj (
cited supra) that, Section-143A of
the Negotiable Instruments Act is prospective in operation. The
provisions of Section-143A can be applied or invoked only in
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2 C. C. No.1887/SS/2018
Exh.9
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 record that the complaint is filed on 19/04/2018.
Considering the law laid down by Hon’ble Supreme 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 stands rejected.
Date : 22/07/2026
( D. P. Kasat )
Judicial Magistrate, First Class
63rd Court, Andheri, Mumbai
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