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MITALI THAKURIA
Biju Kumar Roy Son Of Late Motiram Roy – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Mr. P. P. Borthakur, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State respondent as well as Mr. D. J. Haloi, learned counsel for the respondent No. 2.
2. This is an application under Section 397 readwith Section 401 of the Code of Criminal Procedure, 1973, praying for setting aside the order dated 12.07.2022 passed by the learned Sub Divisional Judicial Magistrate, Bajali at Pathsala in C. R. (N.I.) Case No.1/2021, whereby, the said Court rejected the prayer for payment of 20% of cheque amount to the complainant/present petitioner under Section 143 A of the Negotiable Instrument Act, 1883.
3. The brief facts of the case is that; the petitioner in the month of January’ 2017 shifted to a rented house of Shri Monoranjan Kalita of Baghmora Bazar under Patacharkuchi Police Station, Bajali, where he met the respondent No.2 who used to stay in the same building as a tenant. In the month of January’ 2018, the accused/respondent No.2 requested the complainant/petitioner to give loan of Rs.6,00,000/-(Rupees Six Lakhs) only as he was in urgent need of money. After consulting with his wife, the petitioner decided to
The main legal point established in the judgment is the discretionary nature of the provision under Section 143A of the N.I. Act, the requirement for the court to consider relevant factors and record....
Interim compensation under Section 143-A of the NI Act is discretionary, requiring consideration of both parties' merits and the opportunity for a defense, which was not provided in this case.
[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....
The court affirmed that under Section 143A of the NI Act, the power to award interim compensation is discretionary, requiring evaluation of the merits of the case and the accused's defence.
Word ‘may’ appearing in Section 143A of Negotiable Instruments Act, 1881 is not discretionary but directory in nature.
The trial Court must provide proper reasons when exercising discretion and awarding compensation under Section 143A of the N.I. Act.
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