Order 1

Order Details: Order
Pdf Text: 1 C. C. No.4086/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. Brief contention of the application :
Complainant has filed present complaint u/s.138
of N.I.Act against accused for dishonoured of cheque. Accused
appeared before court and pleaded not guilty. It is contended
that as per recent amendment u/s.143A of N.I.Act this court is
empowered to direct the accused to deposit interim compensa-
tion to the complainant. Hence, this application.
3. Accused has opposed the application by filing his
say at (Exh.23). It is submitted on behalf of accused that he has
handed over cheque as a security and paid Rs.30,000/- to the
complainant in the year 2022. It is next submitted that he has
filed false case against him and to understanding the legal liabil-
ity, it would be necessary to lead evidence in the matter without
which legal liability cannot be ascertained. It is lastly submitted
that there is nothing being made out as regards to admitted lia-
bility and entire application is silent on any facts of admitted lia-
bility. Hence, he prayed to reject the application.
4. Heard advocate for both sides at length.
5. Accused has pleaded not guilty to the accusation
made in the complaint. Prima facie offence under Section 138 of
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2 C. C. No.4086/SS/2018
Exh.21
N.I. Act is made out against accused. Section 143A of N.I. Act
empowers the court to grant interim compensation to the
complainant from drawer of the cheque. There appears prima
facie no merit in defense pleaded by the accused. It will take
certain time to decide main complaint on merit. Till then, it is
necessary to award certain compensation to the complainant.
In the result, I pass following order :
ORDER
1) Application is allowed.
2) Accused hereby directed to pay 20 % of cheque amount to
the complainant as interim compensation under Section
143-A(1) of Negotiable Instrument Act, within 60 days
from the date of this order.
3) Complainant to file undertaking that if the accused is
acquitted, he will repay the said amount to the accused
with interest at the bank rate as published by the Reserve
Bank of India prevalent at the beginning of the relevant fi-
nancial year, within 60 days from the date of the order.
Date : 23/09/2024
Sd/-
( Shri. R.D. Dange )
Judicial Magistrate, Virst Class
63rd Court, Andheri, Mumbai
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