JUDGEMENT
AVINASH G.GHAROTE, J. -
(1.)Heard Mr. Madhur Deo, learned Counsel for the petitioner and Mr. Bhushan Mohta, learned Counsel for the respondent. Rule. Rule made returnable forthwith. Heard finally with the consent of the learned Counsel for the rival parties.
(2.)The petitions raise two interesting questions :
(i) Whether the provisions of Sec. 143-A of the Negotiable Instruments Act, 1881, which empower the Court to direct payment of interim compensation are mandatory or directory and
(ii) In case it is held that the same is directory, whether the Court has to record reasons for determining the quantum of interim compensation to be awarded as contemplated by Sec. 143-A (2) of the Negotiable Instruments Act, 1881 ?
(3.)The facts in the instant matter, indicate that the respondent/Complainant filed proceedings under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred as the "N.I. Act"), in respect of two cheques one for Rs.15,00,000.00 and the other for Rs.5,00,000.00 issued by the petitioner in favour of the respondent which when presented were dishonoured for insufficient funds in the account of the petitioner resulting in the above proceedings, in which, an application under Sec. 143-A of the N.I. Act came to be filed. The learned Judicial Magistrate First Class (JMFC), Saoner by two impugned orders both dtd. 26/11/2021, granted the applications and directed the petitioner/accused to pay 20% of the cheque amount to the complainant as an interim compensation within 60 days from the date of the said order.
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.