Full Order Text
Order 1 · 24 Apr 2025 · CNR MHMM190137572018
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 -- 1 of 2 -- 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 -- 2 of 2 --