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2021 (3) TMI 283 - HC - Indian LawsIncrease of compensation awarded by the Appellate Court - rejection of Application of the complainant for modification of the said Order by its impugned Order dated 28th September 2020 - HELD THAT:- It is a fact on record that, the complainant had instituted complaint on 30th December 2010 and the same came to be decided on 11th February 2020 i.e. almost after nine and half years. As noted earlier, the Trial Court has directed the accused to pay a compensation of ₹ 1,88,30,000/-. The conduct of the accused clearly indicates that, he is intending to procrastinate the litigation. As of today, the accused is a convict and his sentence has been suspended by the Order dated 27th February 2020 passed below Exh.-4 by the Appellate Court. It is also a fact on record that, the accused as of today is successful in protracting the trial for more than 9 and half years and the complainant is the ultimate sufferer for the same - Section 143 of the N.I. Act deals with power of Court to try cases summarily and states that, notwithstanding anything contained in the Code of Criminal Procedure, 1973, all offences under this Chapter shall be tried by Judicial Magistrate of the First Class or by a Metropolitan Magistrate and the provisions of Sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trials. By amending Act of 20 of 2018 which came into effect from 1st September 2018, Section 143A has been inserted in this statute. Section 143A gives power to the Court trying an Offence under Section 138 of the Act to Order the drawer of the cheque to pay interim compensation to the complainant. Under Section 148(1) of the N.I. Act, the Appellate Court can direct the drawer of the cheque in an Appeal against conviction under Section 138 of the Act to deposit such sum which shall be minimum of twenty percent of the fine or compensation awarded by the Trial Court. This Court is of the considered opinion that, the direction of the Appellate Court to deposit 25% of compensation amount is inadequate and needs to be enhanced. Accordingly, the accused is directed to deposit 50% of the total compensation amount in the Registry of the Appellate Court within a period of four weeks from the date of the uploading of the present Order on the High Court website - Petition dismissed.
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