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2021 (6) TMI 29 - HC - Indian LawsDishonor of Cheque - prohibition on account of non-payment of interim concession - HELD THAT:- The learned Sessions Judge was pleased to hold that the order passed by the learned Trial Court to the extent of prohibiting the accused to produce his defence in the event of non-payment of interim compensation as per Para-5 of the order dated 27.08.2019 was not legal and proper, and therefore, it was quashed and set aside. Remaining order passed by the learned Trial Court of interim compensation was not disturbed by the Revisional Court for getting the interim compensation as prayed under Section 143(A)(1) of the N.I. Act. It is worried by the applicant that if the interim compensation would not be paid by the accused, he would suffer great loss and therefore, order passed by the learned Trial Court was legal and valid. Under section 143A(5), 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. The applicant would be entitled to get the remedy available under the Act and approached the Competent Authority to recover the amount of interim compensation awarded to him as per the order passed by the Court-below by availing remedy provided under Section 421 of the Code of Criminal Procedure, 1973 - Appeal disposed off.
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