2022 (5) TMI 464

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....regard before the Trial Court at appropriate stage. Ordered accordingly. The counsel for the petitioner while restricting his arguments, has laid challenge to order 24.09.2021, Annexure P-4, passed by the Trial Court, whereby the petitioner has been directed to deposit Rs.1,20,000/- as interim compensation within a period of 60 days, in the light of provisions of Section 143(A) of Negotiable Instruments Act. Notice of motion. On asking of the Court, Ms. Samina Dhir, DAG, Punjab accepts notice on behalf of State of Punjab. The present petition has been filed by the petitioner seeking quashing of the order dated 24.09.2021 (Annexure P-4) passed by Ld. JMIC, Moonak, in criminal complaint/NACT-140/2020, dated 15.12.2020, Chamkaur Si....

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....iable Instrument Act 1881 may direct the drawer/accused to deposit 20% of the cheque amount as interim compensation to the complainant where the accused/drawer pleads not guilty to the accusation made in the complaint. Accordingly, accused is directed to deposit Rs.1,20,000/- amount as interim compensation to complainant within a period of 60 days from today. In pursuance of directions given by Hon'ble Supreme Court of India in "Indian Bank Association Versus Union of India" accused has requested to cross-examine complainant witness, therefore, case is fixed for complainant evidence for 03.12.2021 and payment of interim compensation. Date:24.09.2021 Sd/- JMIC, Moonak." The petitioner has not challenged the aforesaid ord....

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....on 143(A) of Negotiable Instruments Act, is only directory in nature. Even the Karnataka High Court in Criminal Petition No.100261/2022 Vijaya Vs. Shekharappa and another decided 17.02.2022 reported in 2022 Live Law (Kar) 82, has also taken similar view. Admittedly, no opportunity was given to the petitioner to file his reply, before passing of the impugned order despite the fact that he had not pleaded guilty to the notice of accusation served upon him under Section 138 of Negotiable Instruments Act. From the perusal of impugned order, it appears that the Trial Court granted interim compensation under Section 143(A) of Negotiable Instruments Act just in a mechanical manner and there is no application of mind as to why the said compensat....