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2022 Supreme(Cal) 809

KAUSIK CHANDA
Indranil Mukherjee – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Mr. Ayan Bhattacharjee, Advocate, Mr. Indrajit Adhikari, Advocate, Mr. Sharequl Haque, Advocate, Mr. Subhajit Manna, Advocate, Mr. Somdev Ash, Advocate, Mr. Suman Majumder, Advocate, for the Appellant; Mr. Sonal Anand, Advocate, for the Respondent.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points relevant to your inquiry:

  1. The court clarified that compensation awarded under Section 138 of the Negotiable Instruments Act, 1881, can be recovered from the estate of a deceased accused. This means that if the accused passes away after the order for compensation has been issued, the estate may be liable for repayment (!) (!) .

  2. Conversely, interim compensation granted under Section 143A of the Negotiable Instruments Act, 1881, cannot be recovered from the estate of a deceased accused if the accused dies before the conclusion of the trial. The court emphasized that such interim orders are dependent on the outcome of the trial and cease to have effect upon the death of the accused (!) .

  3. The order of interim compensation is not final and is contingent on the trial's outcome. Since the trial cannot proceed against a deceased person, the interim compensation paid in such cases is not recoverable from the estate (!) .

  4. The legal provisions relating to the recovery of fines and compensation, including the application of laws governing fines and their recovery, extend to the provisions of the Negotiable Instruments Act, 1881, through applicable statutory mechanisms. This supports the position that compensation under Section 138 can be recovered from the estate, whereas interim compensation under Section 143A cannot (!) (!) .

  5. The court dismissed the revisional application without interfering with the lower court’s order, reaffirming that interim compensation under Section 143A is not recoverable from the estate of a deceased accused who died before the trial’s conclusion (!) .

These points collectively establish that while final compensation under Section 138 may be recovered from the estate of a deceased accused, interim compensation under Section 143A cannot be recovered if the accused dies prior to the trial's conclusion.


JUDGMENT

Kausik Chanda, J. - This revisional application has been preferred against an order dated April 3, 2021, passed by the learned Metropolitan Magistrate, 20th Court, Calcutta in CS-6964 of 2019. By the order impugned the learned Magistrate dismissed an application filed under Section 421 of the Code of Criminal Procedure, 1973, seeking recovery of the interim compensation awarded to the petitioner by an order dated March 4, 2020.

2. The relevant facts, which are not disputed by either of the parties before this Court, are as follows.

3. The petitioner filed a complaint under Sections 138/141 of the Negotiable Instruments Act, 1881, against the accused persons for the dishonour of a cheque amounting to Rs. 50 (fifty) lakh. The case was transferred to the Court of learned Metropolitan Magistrate, 20th Court, Calcutta, and before the said Magistrate, the petitioner filed an application under Section 143A of the said Act for interim compensation.

4. Learned Magistrate by an order dated March 4, 2020, allowed the said application directing the accused namely, Rajeev Arora (since deceased) to pay interim compensation to the tune of twenty percent of the total cheque amount to the peti

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