BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 08.04.2024 CORAM THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Crl.R.C(MD). No.335 of 2023 B.Ayyappan ... Petitioner /Respondent /Accused Vs.

V.Saravana Babu ... Respondent/Petitioner/Complainant PRAYER: Criminal Revision Petition has been filed under Section 397 r/w 401 of Cr.P.C., to call for the records and set aside the order dated 03.01.2023 passed in Crl.M.P.No.5925A of 2022 in S.T.C.No.211 of 2022 on the file of the Learned Judicial Magistrate, Vadipatti, Madurai District by allowing this Criminal Revision Petition.

For Petitioner : Ms.K.Ravi For Respondent : Mr.R.Saravana Kumar

ORDER

The petitioner/accused filed this revision challenging the order dated

03.01.2023 passed in Crl.M.P.No.5925A of 2022 in S.T.C.No.211 of 2022 by the learned Judicial Magistrate, Vadipatti, Madurai District.

2.The respondent/complainant initiated the proceedings against the petitioner under Section 138 r/w. 142 of Negotiable Instrument Act with the allegation that the petitioner borrowed a sum of Rs.12,00,000/- from the respondent and to repay the same, he issued a blank cheque as security for repayment on 25.04.2021, but the same was dishonoured and returned on 29.11.2021. Hence, the respondent issued a statutory notice to the accused. Thereafter, the respondent filed a complaint under Section 138 of NI Act, before the learned Judicial Magistrate, Vadipatti, Madurai District. The learned Judicial Magistrate taken the complaint on file in STC.No.211 of 2022.

3.During the pendency of the proceedings, the respondent filed a petition in Cr.M.P.No.5925A of 2022 under Section 143A of the NI Act seeking interim compensation, before the learned Judicial Magistrate, Vadipatti, Madurai District. The learned Judicial Magistrate allowed the petition and directed the petitioner to pay the interim compensation of 25% of the cheque amount.

Challenging the same, the petitioner filed this petition.

4.The learned counsel appearing for the petitioner submitted that he produced number of defence in the proceedings. He further submitted that there was no debtor-creditor relationship between them. Apart from that, the blank cheque was misused by the defacto complainant. He further submitted that he regularly appeared before the trial Court. Hence, he seeks for setting aside the order passed by the learned Judicial Magistrate, Vadipatti, Madurai District.

5.The learned counsel appearing for the respondent/complainant submitted that it is a statutory provision. The learned trial Court, satisfied with the requirement of the provision of Section 143A of NI Act, imposed a condition to pay the interim compensation of 25% of the cheque amount. He further submitted that this revision has been filed to prolong the payment. Further, the Hon'ble Supreme Court also stated that the Court below has jurisdiction to look into facts and circumstances of each cases to impose the conditions. Hence, there is no need to interfere in the order passed by the learned Judicial Magistrate, Vadipatti, Madurai District.

6. This Court has considered the rival submissions made by both sides and also perused the records and impugned order.

7. Before going into the merits of the case, this Court extracts 143A of the Negotiable Instrument Act, which is as follows: 143A. Power to direct interim compensation.

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(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 the accusation made in the complaint; and (b) in any other case, upon framing of charge.

(2) The interim compensation under sub-section (1) shall not exceed twenty per cent. of the amount of the cheque.

(3) The interim compensation shall be paid within sixty days from the date of the order under subsection (1), or within such further period not exceeding thirty days as may be dir