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Home Criminal Negotiable Instruments Act

NI S. 143-A – Not mandatory – Court granted interim compensation under just in a routine manner and there is no application of mind as to why the said compensation has to be awarded

by PLRonline
July 8, 2022
in Negotiable Instruments Act, Punjab & Haryana
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Negotiable Instruments Act, 1881  S. 143(A) –  Trial court directed the petitioner to pay interim compensation to the tune of 20% of the cheque amount, as per the provisions of Section 143(A)  – No opportunity given to petitioner to file his response, despite the fact that he had not pleaded guilty to the notice of accusation – Court granted interim compensation under just in a routine manner and there is no application of mind as to why the said compensation has to be awarded –  The Trial Court misread Section 143(A) and treated the said provision as mandatory in nature, whereas the legal position is otherwise .

2022 PLRonline 0970

2022 PLRonline 0970

Tags: NIA S. 143ANIA S. 143A - Mandatory
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black wooden gavel
Negotiable Instruments Act

Negotiable Instruments Act, 1881, S. 143(A) – Interim compensation – Can be recovered as if it were a fine – Failure to deposit 20% of the cheque amount as interim compensation in terms of Section 143(A) as ordered  – The remedy for failure to pay interim compensation as directed by the court has been provided by the Legislature.

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Comments 1

  1. Vijay Pal Gahlaut says:
    4 years ago

    Nice to read

    Reply

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