Interim Order 1

Order Details: Order
Pdf Text: 1 C. C. No.5041/SS/2018
Exh.16
ORDER BELOW EXH.16
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 against accused for dishonour of cheque. Accused appeared
before the 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 compensation to the
complainant. It is lastly contended that in order to compensate the
complainant, it is just, proper and reasonable to direct the accused
to pay interim compensation. Hence, this application.
3. Accused had filed its say at (Exh.20). It is submitted
that application is vague, obscure and does not bear single express
imputation against him of committed any offence. It is next
submitted that complainant has failed to represent as for what
reason he is liable to receive 20% of cheque amount directly
pending the present case and case is yet to be proved by
complainant by leading cogent evidence. It is next submitted that
complainant failed to consider that provision of Section 143A of
N.I. Act is having prospective effect and not retrospective effect. It
is also submitted that cheque in question was misused by
complainant. It is lastly submitted that no grounds are made out
by the complainant for granting interim compensation to him.
Therefore, he prayed to reject the application with cost.
4. Heard both sides at length.
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2 C. C. No.5041/SS/2018
Exh.16
5. Accused pleaded not guilty to the accusation made in
the complaint. Section 143A of N.I. Act empowers the court to
grant interim compensation to the complainant from drawer of the
cheque. It is settled position that the power under Section 143A
are directory in nature. Accused No.1 appears to be a partnership
firm and accused No.2 is its partner. Complainant in his complaint
has contended that the cheque in question was issued by accused
No.1 and signed by its partner. Considering the contention made
by complainant in present case, accused No.2 has not denied that
the cheque belongs to the account of accused No.1 firm.
Complainant has made out
prima facie case. 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 Nos.1 and 2 are 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 are ac-
quitted, she will repay the said amount to the accused with in-
terest at the bank rate as published by the Reserve Bank of In-
dia prevalent at the beginning of the relevant financial year,
within 60 days from the date of the order.
Date : 21/01/2025
Sd/-
( Shri. R.D. Dange )
Judicial Magistrate, First Class
63rd Court, Andheri, Mumbai
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