Searching Case Laws & Precedent on Legal Query!
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Searching Case Laws & Precedent on Legal Query!
Scanned Judgements…!
Legislative Background and Purpose - Section 143A was inserted into the Negotiable Instruments Act through the Amendment Act of 2018, with the aim to provide courts the power to order interim compensation in cases of cheque dishonor under Section 138. The provision is intended to benefit complainants by enabling early financial relief during ongoing proceedings ["Geeta Monga VS Gng Stock Holding Pvt. Ltd. Throught Its Managing Director Sh. Sumit Gupta - Delhi"] ["Faizal Abdul Samad S/o A. I. Abdul Samad VS A. N. Sasidharan S/o Late Narayanan - Kerala"].
Prospective Nature of Section 143A - Courts have uniformly held that Section 143A is prospective and applies only to offenses committed after its enactment. This was confirmed in rulings which state, Section 143A to be prospective in operation and that the provisions of said Section 143A can be applied or invoked only in cases where the offence under Section 138 of the Act was committed after the introduction of said Section 143A ["Beeka Mohd. VS Mukesh Kumar - J&K"] ["Rajendra Kumar Jaat VS Lokendra Singh Sendhav - Madhya Pradesh"] ["Faizal Abdul Samad S/o A. I. Abdul Samad VS A. N. Sasidharan S/o Late Narayanan - Kerala"].
Discretion and Non-Mandatory Character - The use of the word may in Section 143A(1) indicates that the power to grant interim compensation is discretionary, not mandatory. Courts are required to evaluate the merits of the case and provide reasons when exercising this discretion, especially when ordering the maximum permissible amount (20%) ["Rishipal VS Kulwinder Singh - Punjab and Haryana"] ["Dhanu Krishi Sewa Kendra Thru. Its Proprietor Vishal Sharma vs State Of U.P. Thru. Prin. Secy. Home Lko. - Allahabad"] ["02200087252"].
Conditions for Granting Interim Compensation - Interim compensation under Section 143A can be granted even at early stages of proceedings, provided the court considers the merits and the conduct of the parties. It is applicable only when the accused pleads not guilty, and the court must record reasons if it awards the maximum limit ["Rishipal VS Kulwinder Singh - Punjab and Haryana"] ["Rakesh Ranjan Shrivastava VS State Of Jharkhand - Supreme Court"] ["02200087252"].
Legal Position on Orders Under Section 143A - Orders passed on applications under Section 143A are considered intermediate, non-interlocutory orders. They are part of the final adjudication process, and revision petitions challenging such orders are maintainable. Courts have emphasized that these orders should be well-reasoned and in accordance with law ["Sanjay P. S. , S/o Suresh VS Abhishek M. , S/o Muniraju K. - Karnataka"] ["Faizal Abdul Samad S/o A. I. Abdul Samad VS A. N. Sasidharan S/o Late Narayanan - Kerala"] ["Rakesh Ranjan Shrivastava VS State Of Jharkhand - Supreme Court"].
Application and Limitations - The courts have clarified that interim compensation cannot be ordered arbitrarily or without proper application of mind. The maximum limit of 20% must be justified with reasons, and the discretion to award less is also recognized ["Faizal Abdul Samad S/o A. I. Abdul Samad VS A. N. Sasidharan S/o Late Narayanan - Kerala"] ["02200087252"].
Retrospective Application Rejected - Consistent judicial rulings confirm that Section 143A is not applicable to offenses committed before its enactment. The law is not retrospective, and cases where the offense predates the 2018 amendment cannot invoke Section 143A for interim compensation ["Beeka Mohd. VS Mukesh Kumar - J&K"] ["Rajendra Kumar Jaat VS Lokendra Singh Sendhav - Madhya Pradesh"].
Analysis and Conclusion:Section 143A of the Negotiable Instruments Act, inserted via the 2018 amendment, empowers courts to grant interim compensation in cheque dishonor cases, but its application is strictly prospective. The provision is discretionary, requiring courts to evaluate merits and record reasons, especially when awarding the maximum limit of 20%. Orders under this section are considered intermediate, non-mandatory, and must adhere to legal standards of reasoning. Courts have consistently rejected retrospective application, affirming that Section 143A applies only to offenses committed after its enactment ["Beeka Mohd. VS Mukesh Kumar - J&K"] ["Faizal Abdul Samad S/o A. I. Abdul Samad VS A. N. Sasidharan S/o Late Narayanan - Kerala"].
Cheque dishonour cases under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) are common in India, often arising from business transactions gone sour. Victims seek quick relief, while accused face financial pressures during trials. Enter Section 143A NI Act—a provision introduced to balance this by allowing courts to order interim compensation to complainants. But when does it apply? Is it mandatory? What do courts say?
If you're wondering about the law regarding Section 143A of the Negotiable Instruments Act, this guide breaks it down. We'll explore its scope, key principles, case laws, and practical tips. Note: This is general information, not legal advice. Consult a lawyer for your specific case.
Section 143A empowers courts trying Section 138 offences to direct the drawer (accused) to pay interim compensation to the complainant (payee). This can be up to 20% of the cheque amount in summary trials or summons cases where the accused pleads not guilty, or upon framing charges in other cases. Laxmikant Rathore @ Bantu Rathore, S/o Late Shri Makhan Lal Rathore VS Rakesh Jadwani S/o Late Shri Doulat Ram Jadwani - 2021 Supreme(Chh) 128
The goal? Provide swift relief to genuine complainants while trials drag on, without prejudging guilt. However, it's not automatic—courts exercise discretion thoughtfully. Falcon Technologies Pvt Ltd VS Union Of India - 2021 Supreme(Del) 1247
Courts have clarified several principles through judgments. Here's what typically applies:
Section 143A, inserted via the 2018 amendment effective August 1, 2018, applies prospectively. It covers offences where the cheque dishonour (and cause of action) occurred after this date. The Supreme Court in G.J. Raja Vs. Tejraj Surana held: Section 143A operates prospectively Pawan Bhasin VS State of U. P. - Supreme CourtRajendra Kumar Jaat VS Lokendra Singh Sendhav - Madhya Pradesh.
For pre-2018 offences, even if complaints are filed later, it doesn't apply. In one case, cheques issued before the amendment but dishonoured post-August 2018 still didn't qualify if the cause of action completed earlier. The court quashed the order, noting: The amendment is brought in the Statute book subsequent to commitment of offence. Ashok VS Sunita Sanjay Pawade - 2019 Supreme(Bom) 1572
Awarding interim compensation is discretionary. Courts must apply its mind properly and record reasons. Dagdish Singh VS Rajinder Pal Singh - Punjab and HaryanaSandip Sarkar VS Mahindra & Mahindra Financial Service Limited - Calcutta
It's directory, not mandatory. Trial courts have powers but must consider factors like prima facie case, accused's submissions, and finances. Falcon Technologies Pvt Ltd VS Union Of India - 2021 Supreme(Del) 1247 As one court emphasized: SECTION 143A IS DIRECTORY AND NOT MANDATORY - COURT HAS DISCRETION TO AWARD INTERIM COMPENSATION AFTER CONSIDERING RELEVANT FACTORS. Falcon Technologies Pvt Ltd VS Union Of India - 2021 Supreme(Del) 1247
Compensation can only be ordered after the accused pleads not guilty (in summons/summary cases). Pre-plea orders are liable to be quashed. Pawan Bhasin VS State of U. P. - Supreme Court
Courts must follow natural justice: hear both sides, resort to Section 294 CrPC (evidence on affidavit), and pass a speaking order with reasons. Failure leads to remand. In a case, the high court quashed a routine order: The lower courts had granted interim compensation under Section 143-A of the Act in a casual and routine manner without recording reasons, and had not granted an opportunity of hearing. Raman Kumar Arora VS Tanu Bathla - 2023 Supreme(P&H) 905
If acquitted, the accused gets a refund with interest. Indranil Mukherjee VS State Of West Bengal - CalcuttaIndranil Mukherjee VS State Of West Bengal - Calcutta
Non-payment? Courts can use coercive methods under Section 421 CrPC, like treating it as land revenue arrears. G. J. Raja VS Tejraj Surana - Supreme Court
Judges have shaped Section 143A's application:
20% Awards Upheld with Reasons: Courts often direct 20% on prima facie evidence. Debasish Thakuria VS State of Assam - Gauhati
Quashed for Lack of Reasoning: Orders without cogent reasons or hearings are set aside. One high court remanded: The matter is remanded back to the trial Court to reconsider the issue regarding the payment of interim compensation under Section 143-A of the Act afresh, by passing a speaking order, after granting opportunity of hearing to both the sides. Raman Kumar Arora VS Tanu Bathla - 2023 Supreme(P&H) 905
Distinction from Section 148: Section 143A is pre-trial interim; Section 148 is post-conviction (up to 20% deposit for suspension of sentence). They differ in stage and purpose. Randhir Singh VS Amar Singh - Punjab and HaryanaRajya Dharma A Proprietorship Concern VS Adesign Solutions, A Proprietary Concern - 2020 Supreme(Kar) 1722
Guidelines for Lower Courts: Appellate courts issue directions: Complete Section 143A applications efficiently, consider Section 294 CrPC, and provide reasons. JSB Cargo and Freight Forwarder Pvt. Ltd. VS State - 2021 Supreme(Del) 710BHASKAR MAJUMDAR vs GOUR NITYA TEA AND TEA INDUSTRIES LIMITED AND ANR. - 2025 Supreme(Online)(Cal) 5461
Revisional Court's Role: Even if trial court rejects, higher courts may direct consideration if applicable. Laxmikant Rathore @ Bantu Rathore, S/o Late Shri Makhan Lal Rathore VS Rakesh Jadwani S/o Late Shri Doulat Ram Jadwani - 2021 Supreme(Chh) 128
In G.J. Raja, the Supreme Court distinguished prior cases, reinforcing prospectivity. Pawan Bhasin VS State of U. P. - Supreme Court
For complainants:- File after accused pleads not guilty.- Present strong prima facie evidence (cheque, dishonour memo, notice).- Verify offence date post-August 1, 2018.
For accused:- Contest with affidavits under Section 294 CrPC.- Highlight financial hardship or disputes.- Appeal lack of reasons/hearing.
Monitor Timing: Offence completes 15 days post-notice. Ensure post-amendment. Ashok VS Sunita Sanjay Pawade - 2019 Supreme(Bom) 1572
Prepare for Appeals: Discretionary orders invite scrutiny—document everything.
Section 143A NI Act offers a vital tool for interim relief in cheque dishonour cases but demands procedural rigor and judicial discretion. Missteps lead to quashed orders, delays, and remands. Key takeaways:- Prospective only post-2018 offences Pawan Bhasin VS State of U. P. - Supreme Court.- Discretionary with reasons and hearing Dagdish Singh VS Rajinder Pal Singh - Punjab and HaryanaRaman Kumar Arora VS Tanu Bathla - 2023 Supreme(P&H) 905.- Post-plea stage mandatory Pawan Bhasin VS State of U. P. - Supreme Court.- Refund on acquittal; coercive on default.
Stay informed, comply with procedures, and seek professional advice. Navigating NI Act cases effectively protects rights on both sides.
This article draws from judicial precedents for educational purposes. Laws evolve—verify latest rulings.
#Section143A, #NIACT, #ChequeDishonour
143A, arguing it was not applicable retrospectively as the offence occurred before the amendment - The court held that Section 143A ... ... ... Issues: The primary issue was whether Section 143A of the Negotiable Instruments Act could be applied retrospectively to ... ... ... Findings of Court: ... The court found merit in the petition, ruling that Section 143A is prospective and set aside the orders ... The effect of section 143A#HL_E....
143A and the handling of the application before evidence was recorded. ... 143A, emphasizing upon consideration of merits and the conduct of the parties. ... (Paras 8, 14) ... ... Issues: Court addressed the validity of interim compensation under Section ... Per contra, learned AGA submits that the impugned order has rightly been passed in accordance with law after considering the pleadings of the parties. He further submits that the interim compensation under Section 143A of NI #HL_....
was given to the petitioner to pay the interim compensation in terms of Section 143A of the Act. ... The matter is remanded back to the trial Court to reconsider the issue regarding the payment of interim compensation under Section 143-A of the Act afresh, by passing a speaking order, after granting opportunity of hearing to both the sides, in accordance with law. ... Finding a prima facie case, the notice of accusation under Section 138 of the Negot....
Negotiable Instruments Act - Interim Compensation - Section 143A - 143A(1), 143A(1)(a) Fact of the Case: The petitioner ... 143A, in accordance with law within one month of the receipt of certified copy of this order. ... remanded back to the Trial Court to dispose of the issue regarding grant of interim compensation to the complainant/respondent under Section ... under Section 143A, in accordance with law within one month of the receipt of certified copy of this ord....
Compensation - Negotiable Instruments Act - 138, 142 - 143A - The judgment discusses the application of Section ... 143A of the Negotiable Instruments Act, 1881, which allows the Court to order the drawer of a dishonored cheque to pay interim compensation ... 143A(1) of the Act. ... The effect of Section 143A of the Negotiable Instruments Act regarding its applicability to the pending cases, need not require a very detailed discussion and this Court....
(A) Negotiable Instruments Act, 1881 – Section 143A(1) – Grant of interim compensation – Non-payment of ... of power under sub-section (1) of Section 143A is discretionary – Provision is directory and not mandatory – Word “may” used in ... (Para 12) (B) Negotiable Instruments Act, 1881 – Section 143A(1) – Grant of interim compensation – Exercise ... Application under Section 143A of the NI Act 4. Before the Court of the learned M....
Negotiable Instruments Act, 1881 – Section 143A – Dishonour of cheque – Interim compensation – It is only ... where accused “pleads not guilty” of the accusation made in complaint that interim compensation under Section 143A (1) can be granted ... 143A of Negotiable Instruments Act, 1881. ... The question which appellant urges is regarding tenability of the trial court’s order of 24.05.2022 whereby he was directed to deposit 10% of the amount of a dishonored cheque under Sect....
Bhowmik, learned Advocate for the revisionist/accused at the very outset draws attention of this Court to Section 143A of the said Act. ... It is submitted that it is the legislative mandate in the provisions of Section 143A of the said Act that a Court while dealing with a complaint under the said Act is within his power to pass an order directing the accused to pay an interim compensation to the complainant which shall not exceed 20 percent ... Bhowmik that from th....
Ratio Decidendi: The court held that while exercising discretion under Section 143A, the magistrate must provide ... 143A of the Negotiable Instruments Act, 1881. ... Summary: Fact of the Case: The petitioner challenged an order directing payment of interim compensation under section ... If a court of law decided to order the maximum limit prescribed in Section 143A(2) of NI Act, as far as the interim compensation is concerned, it is the duty of th....
N.I.Act - Cheque Bounce - The court held that the provisions of Section 143A of the Negotiable Instruments Act will be prospective ... be applied in cases where the offence under Section 138 of the Act was committed after the introduction of Section 143A. ... The trial court directed the applicant to deposit 20% of the cheque amount under Section 143A of the Negotiable Instruments Act. ... Tejraj Surana (supra), it is apparent that the law has been settled that provis....
This Court took the effort of discussing the effect and purport of Section 143A of the Negotiable Instruments Act, only to ensure that some guidelines are given to the Subordinate Courts, which deals with complaints under Section 138 of the Negotiable Instruments Act, on a regular basis to deal with such petitions effectively and in accordance with law. There shall be a direction to the Court below to complete the proceedings in C.C. No. 161 of 2018 and C.C. No. 142 of 2018, within a period of three months from the date of receipt of a copy of this order.
This Court took the effort of discussing the effect and purport of Section 143A of the Negotiable Instruments Act, only to ensure that some guidelines are given to the Subordinate Courts, which deals with complaints under Section 138 of the Negotiable Instruments Act, on a regular basis to deal with such petitions effectively and in accordance with law.
4. Section 143A of the Negotiable Instruments Act, 1881 provides as under : “143A. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), 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.
8. The only point which has been raised by the learned counsel for the petitioner/accused is; ‘whether the provisions of Section 143A of the Negotiable Instruments Act, 1881 amended on 02.08.2018 will have any retrospective effect?’ (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), 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, upo....
We are concerned in the present case only with the issue regarding applicability of said Section 143A to offences under Section 138 of the Act, committed before the insertion of said Section 143A." The question that arises therefore is whether Section 143A of the Act is retrospective in operation and can be invoked in cases where the offences punishable under Section 138 of the Act were committed much prior to the introduction of Section 143A.
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