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SHAMPA DUTT (PAUL)
Nilkanta Kali – Appellant
Versus
V. T. R. Marketing – Respondent
JUDGMENT :
SHAMPA DUTT (PAUL), J.
1. The criminal revisional application has been preferred against order dated 13.12.2018 directing the petitioner to pay interim compensation under Section 143A of the Negotiable Instrument Act and order dated 02.08.2019 wherein prayer for review was rejected in CR Case no. 86 of 2018 under Section 138 of Negotiable Instrument Act.
2. The complainant/opposite party filed an application against the accused/petitioner under Section 138 of the N.I. Act, 1881 before the learned Chief Judicial Magistrate, Paschim Medinipur against the petitioner inter alia praying for granting relief as prayed for on the grounds as stated therein. The said application has been registered as C.R. Case No. 86 of 2018. Subsequently the said case has been transferred to the Ld. Court of Judicial Magistrate, 3rd Court, Paschim Medinipur for taking necessary steps for disposal thereof.
3. Mr. Uttam kumar Bhattacharrya, learned Counsel for the petitioner/accused submits that in course of day to day business the accused/petitioner issued an A/C payee cheque no. 401131 of Rs. 11,30,389/-drawn on Punjab National Bank, Gobardhanpur, Hour, District-Purba Medinipur in favour of the comp
[The provisions of Section 143A of the NI Act, 1881 are directory and grant discretion to the court to award interim compensation, which must be exercised based on a prima facie evaluation of the mer....
Word ‘may’ appearing in Section 143A of Negotiable Instruments Act, 1881 is not discretionary but directory in nature.
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.
Whenever a discretionary power is to be exercised by Court, same has to be exercised on well-recognized principles supported by reasons.
The legal principle established is that Section 143(A) of Negotiable Instruments Act is discretionary and not mandatory, and the court emphasized the need for proper application of mind in granting i....
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....
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