Interim Order 1

Order Details: Order
Pdf Text: 1 C. C. No.4341/SS/2018
Exh.11
ORDER BELOW EXH.11
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 dishonour of cheque.
Accused appeared before the Court and pleaded not guilty. It is
contended that in order to compensate the complainant, it is
just and proper to direct the accused to pay interim compensa-
tion. Hence, this application.
3. Accused has opposed the application by filing his
reply at (Exh.24). It is submitted that alleged offence is
non-cognizable, bailable and summary triable in nature. It is
next submitted that accused is not the drawer of the cheques
which are subject matter. It is also submitted that provision of
Section 143A of N.I. Act is not mandatory and it is optional. It is
further submitted that application filed by complainant has no
merit or substance and liable to be rejected. It is next submitted
that complainant has no cause of action or lawful grounds to file
present application. It is lastly submitted that complainant has
misused and abused the provisions of Section 143A of N.I. Act
so as to pressurize or coerce the accused for succumbing to
unlawful demand of the complainant. Hence, he prayed to reject
the application.
4. Heard both sides at length.
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2 C. C. No.4341/SS/2018
Exh.11
5. Accused has pleaded not guilty to the accusation
made in the complaint. Prima facie offence under Section 138 of
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. 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) Accused is 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.
2) 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
financial year, within 60 days from the date of the order.
Date : 14/08/2024
Sd/-
( Shri. R.D. Dange )
Judicial Magistrate, First Class
63rd Court, Andheri, Mumbai
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