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JASJIT SINGH BEDI
Capital Scaffolding Through Its Proprietor Salim Chohan – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT
Jasjit Singh Bedi, J. (Oral) - The prayer in the present petition under Section 482 Cr.P.C. is for setting aside the order dated 26.07.2022 passed by the Additional Session Judge, Gurugram (Annexure P-2) in a criminal complaint bearing No.NACT/629/2020 dated 08.01.2020 titled as 'M/s Baba Jagta Shuttering Pvt. Ltd. versus Salim Chohan' (Annexure P-3) vide which the order dated 09.05.2022 (Annexure P-4) passed by the Judicial Magistrate Ist Class, Gurugram, allowing an application under Section 143-A of the Negotiable Instruments Act for paying interim compensation has been affirmed.
2. The brief facts of the case are that the complainant-respondent company is in the business of supplying scaffoldings and shuttering material.
As per the complaint, the complainant-company (respondent No.2) supplied the material to the petitioner-accused company from time to time. In partial discharge of its legal liability, a cheque bearing No.373913 dated 25.10.2019 for a sum of Rs.77,25,000/- was issued by the petitioner-accused company. The said cheque was dishonoured leading to the initiation of proceedings under the Negotiable Instruments Act, 1881 (for short 'the Act'), the filing of the
The discretionary nature of Section 143A of the NI Act, the need for the Trial Court to record reasons for awarding compensation, and the limited scope of interference under Section 482 Cr.P.C.
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 143A of the Negotiable Instruments Act can only be ordered after the plea of not guilty is entered, ensuring adherence to the due process in initiating such financi....
[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....
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.
Word ‘may’ appearing in Section 143A of Negotiable Instruments Act, 1881 is not discretionary but directory in nature.
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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