143A of the NIA Act - This provision relates to interim compensation in cases under the Negotiable Instruments Act, 1881. It grants courts discretionary power to order a defendant to pay interim compensation, typically up to 20% of the cheque amount, during the pendency of the case. The courts have clarified that Section 143A is discretionary, and the use of may indicates courts are not obliged but have the authority to order interim compensation Eternal Motor Pvt. Ltd. Maruti Suzuki Dealer VS Kailash - Madhya Pradesh, Krishna Kumar Gupta VS Ashok Kumar Dwivedi - Madhya Pradesh.
Application in NIA Cases - The NIA Act (National Investigation Agency Act, 2008) empowers courts to try cases involving scheduled offences, including those under IPC, UAPA, and the Negotiable Instruments Act, 1881. The NIA Court has jurisdiction over offences under the NIA Act and related connected offences, with provisions for transfer and investigation of cases Mara Budh, S/o Mr. Tapa Mara VS Bengia Jayanta, S/o Mr. Bengia Hemanta - Gauhati, Sayyed Sohel Torvi, S/o. Sayyed Rasool VS National Investigating Agency, Ministry Of Home Affairs (GOI), Rep. By Their Standing Counsel - Karnataka, Ali K. @ Ragam Ali, S/o. Moideenkutty VS Union of India, Represented by Secretary, Ministry of Home Affairs - Kerala.
Main Insights - The NIA Act is used for investigating and prosecuting serious offences, including financial crimes like cheque bounce cases under Section 138 of the NI Act. Courts handling NIA cases can also decide on interim reliefs such as compensation under Section 143A, emphasizing the flexibility and broad jurisdiction of the NIA Court Mara Budh, S/o Mr. Tapa Mara VS Bengia Jayanta, S/o Mr. Bengia Hemanta - Gauhati, Eternal Motor Pvt. Ltd. Maruti Suzuki Dealer VS Kailash - Madhya Pradesh.
Analysis and Conclusion - The 143A refers specifically to a section of the Negotiable Instruments Act allowing courts to order interim compensation, which is discretionary. In NIA cases involving financial offences, courts may apply Section 143A to ensure fair proceedings. The NIA Act provides a comprehensive framework for handling scheduled offences with provisions for investigation, trial, and interim reliefs, including compensation orders under Section 143A of the NI Act Krishna Kumar Gupta VS Ashok Kumar Dwivedi - Madhya Pradesh, Mara Budh, S/o Mr. Tapa Mara VS Bengia Jayanta, S/o Mr. Bengia Hemanta - Gauhati.
References: - Mara Budh, S/o Mr. Tapa Mara VS Bengia Jayanta, S/o Mr. Bengia Hemanta - Gauhati - Sayyed Sohel Torvi, S/o. Sayyed Rasool VS National Investigating Agency, Ministry Of Home Affairs (GOI), Rep. By Their Standing Counsel - Karnataka - Azeez Odakkali VS Deputy Superintendent of Police NIA, Kochi Branch Office - Kerala - Imran Ahmed VS National Investigating Agency - Karnataka - Manoj Abhimanyu Patil vs Mansi Labour Suppliers - Bombay - Eternal Motor Pvt. Ltd. Maruti Suzuki Dealer VS Kailash - Madhya Pradesh - Krishna Kumar Gupta VS Ashok Kumar Dwivedi - Madhya Pradesh - Anshuman Vashishata VS Bhuvnesh Mahajan - Punjab and Haryana
NIA Act - Non-prosecution - Section 138 of NIA Act, 1881 - Section 313 Cr.P.C - Section 143 Sub-clause III ... Sub-clause III of the NIA Act. ... Act, 1881. ... And in the instant case, the complaint under NIA Act was filed on 22.11.2019 and since then it has been nearly 3 (three) years and 6 (six) months, but the case is not yet been concluded. ... Case No. 96/19 under Section 138 of NIA #HL_STAR....
NIA Court Jurisdiction - Transfer of IPC Offences - National Investigation Agency Act, 2008 - Section 120B, 143, 145, 147, 188 ... r/w 34 and 149 of the IPC - Section 8, 13, 14, 20 of the NIA Act - Section 18 of the UAPA - Section 223 of the CrPC Fact of ... The Court analyzed the provisions of the NIA Act, UAPA, and CrPC, and referred to relevant judgments to support its decision. ... Therefore, the NIA Court in terms of Sections 14 and 20 of the #H....
Bail - Offences under IPC, Explosive Substances Act, and UA(P) Act - Sec.439 Cr.P.C - Sec.21(4) NIA Act - Secs. 120B, 143, 147 ... Substances Act, and UA(P) Act. ... Fact of the Case: The appellant, accused in S.C.1/2015 NIA, sought bail under Sec.439 of Cr.P.C, which was dismissed ... Those are offences punishable under Secs. 120B, 143, 147, 148, 149, 153A, 201, 202, 212, 307, 323, 324,326, 341, 427 and 506 of IPC, Sec.3 of the E....
NIA Court Jurisdiction - Transfer of Case - IPC Offences - NIA Act, 2008 - Sections 120B, 143, 145, 147, 188 r/w 34 and 149 of ... under the NIA Act. ... offences under the NIA Act. ... Therefore, the NIA Court in terms of Sections 14 and 20 of the Act r/w Section 223 of the CrPC is empowered to try those offences. ... The Allegations initially made against several members of the mob including the petitioner were t....
The cheque was returned unpaid, leading to a complaint under Section 138 of the NI Act. ... (A) Constitution of India - Article 226 - Criminal Procedure Code, 1973 - Section 482 - Negotiable Instruments Act, 1881 - Section ... 138 and 143A - Petition challenging the order for interim compensation under Section 143A of the NI Act - The court affirmed the ... Therefore, considering the nature of transaction and cheque was issued towards discharge of legal liability, the order directing payment of interim compensation of 20% of cheque amount....
NIA Act - Bail Petition - Sec. 439 of CrPC - Sec. 143, 147, 148, 353, 332, 333, 436, 427, 149 of IPC, Sec ... . 4 of the Prevention of Damage to Public Property Act, 1984, Sec. 15, 16, 18 & 20 of the Unlawful Activities (Prevention) Act, 1967 ... The National Investigating Agency (NIA) filed a charge sheet, implicating the accused in the organized violent acts. ... report dtd. 3/11/2020 filed by the NIA under Sec. 43D of 1967 Act; and the seizure mah....
NIA Act - Investigation of Scheduled Offences - Sections 120B, 34, 118, 119, 109, 143, 144, 147, 148, 449, 341, 201, 212, 302, ... NIA Act in directing the NIA to investigate a case, the power to investigate connected offences, and the High Court's administrative ... Issues: Interpretation of Sections 6 and 8 of the NIA Act, the power of the Central Government to direct the NIA to investigate ... the NIA #HL_START....
Negotiable Instruments Act, 1881 -- S. 143A -- interim compensation -- provision discretionary in nature ... No.7627/2022 whereby, the application filed by the complainant under Section 143-A of the Negotiable Instrument Act, 1881 (hereinafter referred to as “the Act of 1881”) has been allowed. ... No. 741 of 2024 dated 15.3.2024} it has already been held that the provisions of section 143-A of the Act of 1881 are discretionary and the word “may” used in the provision cannot be constru....
Negotiable Instruments Act, 1881 -- Ss. 138 and 143A -- interim compensation -- award of 8% interim compensation ... The trial Court had partially allowed the application under section 143-A of Negotiable Instruments Act on 17.1.2024. ... the trial Court under Section 143-A of Negotiable Instruments Act by which applicant has been directed to pay 8% of cheque amount by way of interim compensation has been affirmed. ... Since the applicant did not repay the cheque amount, therefore, complainant filed his....
of the provisions of the NIA and IPC to the case. ... Cheating - Negotiable Instruments Act - 1881 - 138, 420, 406, 409, 120-B, 34 & 201 IPC - The court discussed the provisions of ... the Negotiable Instruments Act, 1881, and the Indian Penal Code, including Sections 138, 420, 406, 409, 120-B, 34 & 201, and their ... Haribhau S/o Govindrao Hatwar & ors., 2011(24) RCR (Criminal) 593, wherein the Bombay High Court while dealing with the question with respect to summoning of an accused under Section 138 of the NIA along wi....
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