https://www.taxtmi.com/caselaws?id=751538 Section 143A(1) of the Negotiable Instruments Act is directory, not mandatory, because the use of "may" and the pre-conviction nature of interim compensation indicate judicial discretion rather than an automatic obligation. Interim compensation under Section 143A can be ordered only after a prima facie assessment of the complainant's case and the accused's defence; the rebuttable presumption under Section 139 alone is insufficient. Relevant considerations include the plausibility of the defence, the financial condition of the accused, the nature of the transaction, the parties' relationship, and other case-specific circumstances, with brief reasons recorded. The impugned orders were set aside and the application remitted for fresh consideration. en-us Fri, 15 Mar 2024 00:00:00 +0530 Thu, 18 Apr 2024 20:02:55 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=751538 Section 143A(1) of the Negotiable Instruments Act is directory, not mandatory, because the use of "may" and the pre-conviction nature of interim compensation indicate judicial discretion rather than an automatic obligation. Interim compensation under Section 143A can be ordered only after a prima facie assessment of the complainant's case and the accused's defence; the rebuttable presumption under Section 139 alone is insufficient. Relevant considerations include the plausibility of the defence, the financial condition of the accused, the nature of the transaction, the parties' relationship, and other case-specific circumstances, with brief reasons recorded. The impugned orders were set aside and the application remitted for fresh consideration. Case-Laws Indian Laws Fri, 15 Mar 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=751538