Back
KARAMJIT SINGH
Gura Singh – Appellant
Versus
Gagandeep Singh – Respondent
JUDGMENT
Karamjit Singh, J. - The present petition has been filed by the petitioner seeking quashing of the order dated 05.04.2021 (Annexure P-1) passed by Ld. CJM, Faridkot, in criminal complaint/NACT-888/2019, dated 4.10.2017, Gagandeep Singh Vs. Gura Singh, to the extent whereby the said Court directed the petitioner to pay interim compensation to the respondent to the tune of 20% of the cheque amount, as per the provisions of Section 143(A) of Negotiable Instruments Act.
2. The brief facts of the case are that respondent Gagandeep Singh has filed aforesaid criminal complaint against the present petitioner under Section 138 of Negotiable Instruments Act. On the completion of preliminary evidence, the petitioner was summoned and he appeared before the Trial Court and was granted bail. The Trial Court on 5th April, 2021 passed the following order:-
"Present: Sh. GS Brar, Advocate counsel for complainant.
Accused on bail with counsel Sh. JS Dhillon,
Advocate.
As per the latest provision by insertion of Section 143(A) of Negotiable Instrument Act, as the accused is to pay interim compensation to the complainant to the tune of 20% of the cheque amount. Hence, in view of the said statutory
The main legal point established in the judgment is that the provision of Section 143(A) of the Negotiable Instruments Act is directory in nature and not mandatory, and the trial court's order direct....
The provision of Section 143(A) of the Negotiable Instruments Act is directory in nature and not mandatory.
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....
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.
The court established that interim compensation under Section 143A of the N.I. Act requires careful consideration of the merits of the case and the provision's discretionary nature, necessitating a r....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
