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RAJENDRA KUMAR VERMA
Vishwas Thakur – Appellant
Versus
Tarun Tour – Respondent
ORDER
1. With consent heard finally.
2. Petitioners have preferred this petition under Section 482 of Cr.P.C. against the order dated 27.01.2020 passed by First Additional Sessions Judge, Neemuch in Criminal Revision No.03/2020; whereby, revision petition preferred by the petitioners has been dismissed and the order dated 08.12.2019 passed by the trial Court has been affirmed. By the order passed by trial Court, trial Court has directed to pay 20% of the cheque amount to respondent as interim compensation as per the provisions of Section 143-A of the Negotiable Instrument Act (for short "NI Act"). Petitioners are aggrieved by the said order.
3. At the outset, learned counsel for the petitioners submits that petitioners in the present case are accused and facing trial under Section 138 of NI Act. Respondent filed complaint under Section 138 of NI Act. Section 143-A of NI Act was inserted in the NI Act by amended Act 20 of 2018 by which power to direct interim compensation has been provided; whereby, trial Court could have directed for interim compensation to be paid by the drawer of the cheque to the holder of the cheque.
4. Only grievance raised by the petitioners is that since complai
A court's discretion in determining interim compensation must be justified with cogent reasons, and failure to do so renders the order unsustainable.
Section 143A of the Negotiable Instruments Act is prospective only, affecting cases post-enactment.
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....
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