Interim compensation under Section 143A may be reduced below the statutory ceiling where facts justify a lower quantum.

Interim compensation under Section 143A of the Negotiable Instruments Act is discretionary within the statutory ceiling of 20%, and the quantum may be adjusted to the facts and circumstances of the case. The revisional order directing payment at the maximum rate was interfered with because it did not consider the statutory range and the peculiar facts. The compensation was therefore reduced from 20% to 10% of the cheque amount, payable before the Magistrate within four weeks, with liberty to the complainant to withdraw it. The proceedings were otherwise left undisturbed.

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Issues: Whether the revisional order directing payment of interim compensation under Section 143A of the Negotiable Instruments Act, 1881 required interference, and if so, to what extent.

Analysis: The complaint arose from dishonour of cheques and the complainant's application for interim compensation had been allowed in revision after the Magistrate rejected it. Section 143A permits award of interim compensation up to 20%, but the provision allows discretion within that range. The revisional court did not consider the variance available under the statute or the peculiar facts of the case. In the circumstances, the amount was found fit to be scaled down from 20% to 10% of the cheque amount.

Conclusion: The order was modified and interim compensation was fixed at 10% of the instrument amount, payable before the Magistrate within four weeks, with liberty to the complainant to withdraw it.

Final Conclusion: The petitioners obtained partial relief by reduction of the interim compensation, while the proceedings were otherwise left undisturbed.

Ratio Decidendi: Interim compensation under Section 143A of the Negotiable Instruments Act, 1881 is discretionary within the statutory ceiling, and the quantum may be modified by the court having regard to the facts and circumstances of the case.

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