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SURESHWAR THAKUR, SUDEEPTI SHARMA
Rishipal – Appellant
Versus
Kulwinder Singh – Respondent
JUDGMENT :
Mr. Sureshwar Thakur, J.:- The “to be answered reference”, as enclosed in the order passed by the learned Single Judge of this Court, upon CRM-M-14140-2023, becomes ad verbatim extracted hereinafter:
2. The facts relevant for the rendition of an answer to the above extracted reference, are that, in terms of the provisions embodied in Section 143-A of the Negotiable Instruments Act, 1881 (hereinafter referred to as the ‘N.I. Act’), provisions whereof become extracted hereinafter, the learned Magistrate concerned drew an order on 02.11.2022, upon CIS No. NACT/267/2021, thus directing the accused to pay 20% of the cheque amount as interim compensation to the complainant.
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the Court trying an offence under section 138 may order the drawer of the cheque to pay interim compensation to the complainant—
(a) in a summary trial or a summons case, where he pleads not guilty to
Section 143A of the Negotiable Instruments Act is directory, allowing judicial discretion in awarding interim compensation, requiring consideration of case merits and relevant factors.
(1) Provision of sub-section (1) of Section 143A of Negotiable Instruments Act, 1881, which provides for grant of interim compensation, is directory and not mandatory.(2) Non-payment of interim comp....
The provisions of Section 143-A of the N.I. Act are directory and not mandatory.
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.
Interim compensation under Section 143A of the NI Act can be granted before trial; the presumption of validity remains even if not all amounts are covered by the cheque.
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