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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
Rajnish Kumar
Dhanu Krishi Sewa Kendra Thru. Its Proprietor Vishal Sharma – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Home Lko. – Respondent
| Table of Content |
|---|
| 1. application assesses validity of interim compensation claims. (Para 1) |
| 2. application under section 482 crpc (Para 2) |
| 3. dispute over interim compensation allowance (Para 3 , 4) |
| 4. court's analysis of allegations and evidence (Para 5 , 8 , 9 , 10) |
| 5. court's evaluation of cheque presumption (Para 6 , 11 , 12) |
| 6. discretion of court in awarding interim compensation (Para 7 , 13) |
| 7. final decision on application dismissal (Para 14 , 15 , 16) |
JUDGMENT :
Rajnish Kumar, J.
1. Heard Shri Shantanu Mishra, learned counsel for the applicants and Shri Anurag Verma, learned Additional Government Advocate.
2. This application under Section 482 CrPC (now Section 528 BNSS , 2023) has been filed assailing the order dated 15.05.2025 passed in Case No. 111255 of 2023; Raj Kishore Sharma vs. Dhanu Krishi Sewa Kendra and another by the Additional Court No. 9 (NI Act), Lucknow and order dated 28.05.2025 passed in Criminal Revision No. 282 of 2025; Dhanu Krishi Sewa Kendra vs. Raj Kishore Sharma and others by the Session Judge, Lucknow.
3. Learned counsel for the applicants submits that the application filed under Section 143A of Negotiable Instruments Act (here-in-after referred as NI Act) fo
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.
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.
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....
(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 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.
Section 143A of the Negotiable Instruments Act is directory, allowing judicial discretion in awarding interim compensation, requiring consideration of case merits and relevant factors.
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.
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