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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR
ANIL S.KILOR
Amit Ramesh Swami – Appellant
Versus
Shrikrushna Sanjeev Musane – Respondent
| Table of Content |
|---|
| 1. writ petition seeks to quash proceedings pending under section 138 of the n.i. act. (Para 3 , 4) |
| 2. arguments challenging magistrate's interpretation of section 143-a. (Para 5 , 6) |
| 3. court's analysis concludes that section 143-a is discretionary. (Para 8 , 9) |
| 4. the learned magistrate must reconsider as the provision is not mandatory. (Para 10) |
| 5. writ petition partly allowed; matter remanded for reconsideration. (Para 11) |
JUDGMENT :
ANIL S. KILOR, J.
1. Heard.
2. RULE. Rule made returnable forthwith. Heard finally by consent of the learned counsel for the parties.
3. By way of present writ petition filed under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, a prayer is made to quash and set aside the proceedings bearing Summary Criminal Case No. 46 of 2023 pending on the file of learned Judicial Magistrate First Class, Sindewahi, District : Chandrapur. A prayer is also made for quashing of order dated 24/11/2023 directing the petitioner to pay 20% of the cheque amount i.e. Rs.1,60,000/- to the complainant.
4. The respondent is the complainant in Summary Criminal Case No.46 of 2023 filed under Section 138 of the Negotiabl
Section 143-A of the N.I. Act is discretionary, not mandatory, allowing courts to grant interim compensation based on specific case evaluations.
The discretion to grant interim compensation under Section 143-A of the NI Act must be supported by reasons and should be based on well-recognized principles.
(1) Provision of sub-section (1) of Section 143A of Negotiable Instruments Act, 1881, which provides for grant of interim compensation, is directory and not mandatory.(2) Non-payment of interim comp....
Interim compensation under Section 143A of the NI Act can be granted before trial; the presumption of validity remains even if not all amounts are covered by the cheque.
Whenever a discretionary power is to be exercised by Court, same has to be exercised on well-recognized principles supported by reasons.
Power under Section 143A NI Act to direct interim compensation is discretionary, requiring prima facie evaluation of case and defence, with brief reasons recorded; mechanical orders lacking applicati....
Discretionary orders under Section 143 A (1) of the Negotiable Instruments Act must be supported by reasons, as orders without reasons are illegal and subject to being set aside.
Section 143A of the Negotiable Instruments Act is directory, allowing judicial discretion in awarding interim compensation, requiring consideration of case merits and relevant factors.
The provisions of Section 143-A of the N.I. Act are directory and not mandatory.
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