Interim Order 1

Order Details: Order
Pdf Text: 1 C. C. No.4598/SS/2018
Exh.10
ORDER BELOW APPLICATION
UNDER SECTION 143A OF N.I. ACT
1. This is an application filed by complainant u/s.
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. It is contended that accused appeared before the
Court and pleaded not guilty. It is also contended that as per
recent amendment under Section 143A of N.I. Act this court
is empowered to direct the accused to deposit interim compen-
sation to the complainant. Hence, this application.
3. Accused has filed his reply at (Exh.11) and objected
the application by submitting that present application is filed af-
ter five years of filing main complaint. It is next submitted that
complainant has filed his affidavit of evidence and matter is at
the stage of cross-examination. It is also submitted that there no
single averment which says as to why interim application should
be considered and has merely reproduced the law verbatim.
Hence, he prayed to reject the application.
4. Heard advocate for both sides.
5. Accused pleaded not guilty to the accusation made
in the complaint. Plea of accused was recorded and thereafter
present application came to be filed.
Prima facie offence under
Section 138 of N.I. Act is made out against him. Accused has not
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2 C. C. No.4598/SS/2018
Exh.10
denied that the cheque issued in favour of complainant belongs
to his bank account. 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) Application is allowed.
2) Accused is hereby directed to pay 20 % of cheque amount
to the complainant as interim compensation under Section
143A(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
financial year, within 60 days from the date of the order.
Date : 24/04/2025
Sd/-
( Shri. R.D. Dange )
Judicial Magistrate, Virst Class
63rd Court, Andheri, Mumbai
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