2021 (8) TMI 479

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....oss-examination of respondent-accused. 2. Heard the arguments of learned counsel for the petitioner and learned counsel for the respondent. 3. The case of the complainant is that the complainant filed a private complaint under Section 200 of Cr.P.C., for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (for short 'N.I. Act') that the cheque issued by the respondent-accused has become dishonored and returned with the endorsement stating FUNDS INSUFFICIENT and after filing the complaint by taking cognizance, the complainant filed an application under Section 143(A) of the N.I. Act., for granting interim compensation. Accordingly, the trial Court awarded 20% of the compensation and directed the respondent ....

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.... seriously objected the same and contended that the amount of compensation ordered by the trial Court shall have to be recovered in accordance with the provision of 421 of Cr.P.C., and Section 143A(5) of the N.I. Act and right of cross-examination cannot be denied. There is no error in the order passed by the trial Court or First Appellate Court in dismissing the memo. Hence, prayed for allowing the petition. 7. Having heard the arguments and on perusal of the record, admittedly, the petitioner has filed a complaint to the Magistrate as per Section 200 of Cr.P.C., and the cognizance was taken against the respondent-accused as per Section 138 of the N.I. Act. Admittedly, 20% of the cheque amount has been ordered as interim compensation as p....

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....heque. It is pertinent to note that in the same provision under Section 143A(5) empowers that the interim compensation payable under this section may be recovered as if it were a fine under section 421 of the Code of Criminal Procedure, 1973 (2 of 1974). As per Section 143A(6), the amount of fine imposed under section 138 or the amount of compensation awarded under section 357 of the Code of Criminal Procedure, 1973 (2 of 1974), shall be reduced by the amount paid or recovered as interim compensation under this section. 9. On perusal of Sections 143A(5) and (6), it clearly reveals that the amount of compensation awarded by the trial Court if not deposited by the accused, then it may be recovered as if it were fine under Section 421 of Cr.P....