Order 1

Order Details: Order
Pdf Text: 1 C. C. No.3230/SC/2023
Exh.10
ORDER BELOW EXH.10
1. This is an application filed by complainant under
Section 143-A of Negotiable Instrument Act (in short N.I. Act)
for seeking interim compensation.
2. Complaint has been filed under Section 138 of N.I.
Act against accused. It is contended that accused appeared
before the Court and her plea was recorded. It is next contended
that as per provision of Section 143A of N.I. Act, the Court
is empowered to direct the accused to pay interim
compensation to the complainant. Hence, he prayed that
accused may be directed to pay interim compensation of
20% of disputed cheques amount to it.
3. Accused has resisted the application by filing her
reply at (Exh.11). She has submitted that the application is
illegal, improper, void and not sustainable, it is misconceived
and perfunctory. It is next submitted that the complainant has
deliberately concealed material facts to cause prejudice to her.
She placed reliance on the decision of the Hon’ble Supreme
Court in the case of Rakesh Ranjan Shrivastava V/s. The State of
Jharkhand and another [Criminal Appeal No.741 of 2024]
and case of Hon’ble High Court of Bombay in case of M/s.
Bajaj Constructions V/s. The State of Maharashtra and others
[Writ Petition (ST) No.22150 of 2023] and submitted that
the provision of Section 143A of N.I. Act is discretionary
and not mandatory. Therefore, she prayed to dismiss the
application.
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2 C. C. No.3230/SC/2023
Exh.10
4. Perused record. Heard both sides at length.
5. From perusal of record it appears that accused No.1
has pleaded not guilty to the accusations made in the complaint.
Section 143A of N.I. Act empowers the Court to grant interim
compensation to the complainant from drawer of the cheques.
Accused has not denied that the cheques issued in favour of
complainant belongs to her 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,
following order is passed:
ORDER
1) Application is allowed.
2) Accused No.1 is hereby directed to pay 20 % of disputed
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, it 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 : 15/05/2026
( D. P. Kasat )
Judicial Magistrate, First Class
63rd Court, Andheri, Mumbai
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