Section 143-A interim deposit in cheque dishonour cases upheld where no rebuttal or miscarriage of justice is shown.

In proceedings under Section 138 of the Negotiable Instruments Act, the trial court's direction requiring the accused to deposit 20% of the cheque amount under Section 143-A was treated as a proper exercise of discretion because cognizance had been taken, the plea stage had been reached, and the presumption under Section 139 had not yet been rebutted. The absence of a separate application by the complainant did not prevent the court from invoking Section 143-A on its own motion in an appropriate case. A brief or cryptic order did not, by itself, justify interference under Section 482 of the Code of Criminal Procedure, particularly where no failure of justice or disclosed defence was shown.

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Issues: Whether the order directing the accused to deposit 20% of the cheque amount under Section 143-A of the Negotiable Instruments Act, 1881 warranted interference in the exercise of inherent jurisdiction under Section 482 of the Code of Criminal Procedure, 1973, including on the grounds that no separate application had been filed and that the order was cryptic.

Analysis: The complaint, cognizance order, plea stage, and accompanying material showed that proceedings under Section 138 of the Negotiable Instruments Act, 1881 had been instituted and that the presumption under Section 139 remained unrebutted at that stage. In such circumstances, the trial court's discretion under Section 143-A could not be said to have been exercised arbitrarily or improperly. The absence of a formal application by the complainant did not bar invocation of Section 143-A, as the provision was held to be capable of being applied by the trial court on its own motion in appropriate cases. The Court further held that any cryptic nature of the order did not justify interference, particularly when no failure of justice was shown and the accused had not placed any material to disclose a defence.

Conclusion: Interference under Section 482 of the Code of Criminal Procedure, 1973 was not warranted, and the direction to deposit 20% of the cheque amount under Section 143-A of the Negotiable Instruments Act, 1881 was upheld in favour of the respondent.

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