Regular HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM (M) No. 339/2024 Fayaz Ahmad Tantray ….. Petitioner (s)

Through: Mr. Sheikh Mushtaq, Adv.

V/s Union Territory of J&K &anr ….. Respondent(s)

Through: Mr. Hanan Hussain, Adv.

Vice Mr. Azhar ul Amin, Adv.

Coram:

Hon’ble Mr. Justice Sanjay Dhar, Judge.

ORDER

11.11.2025

1. The petitioner has challenged order dated 04.03.2024 passed by the learned Chief Judicial Magistrate, Anantnag whereby interim compensation in terms of Section 143 A of the N I Act to the extent of 20% of the cheque amount has been awarded in favour of the complainant

2. Heard learned counsel for the parties and perused the record.

3. A perusal of the impugned order would reveal that the learned Magistrate has awarded interim compensation to the extent of 20% of the cheque amount in favour of the respondent/complainant. However, it is not discernible from the contents of the order as to on what basis the learned Magistrate has proceeded to award the maximum amount of interim compensation under the provision of

143 A of N I Act.

4. It is settled law that the power to award interim compensation in terms of Section 143 A of N I Act is discretionary in nature. This disc