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2021 (8) TMI 249 - HC - Indian LawsDishonor of Cheque - drawer of the cheque - liability to pay interim compensation - Section 143A of the N.I. Act - HELD THAT:- It is pertinent to note that the petitioners have not taken the contention before the trial Court at the time of hearing of the application Exh.13 filed by respondent No. 2 complainant that the petitioners are not the drawer of the cheques in question and, therefore, they are not liable to pay interim compensation under Section 143A of the N.I. Act. On the contrary, the petitioners have requested before the trial Court that as per the provisions contained in Section 143A of the N.I. Act, the interim compensation shall not exceed 20% of the cheque amount and, therefore, minimum amount may be ordered to be deposited. Thus, it appears that the petitioners have accepted their liability of making payment of interim compensation. It is therefore clear from the record that the contention taken by the petitioners that the petitioners are not the drawer of the cheques in question is nothing but an afterthought and the said contention is taken for the first time before this Court. The petitioner No. 1 has signed the cheques in question as an authorised signatory of accused No. 1 Company. The petitioners are Directors of accused No. 1 Company. The contention taken before this Court was not taken before the trial Court by the petitioners. On the contrary, it was requested before the trial Court that minimum amount may be ordered to be deposited and not 20% of the cheque amount. Further, though the trial Court directed the accused to pay 20% of the cheque amount by way of interim compensation within 60 days from the date of order i.e. from 19.09.2019, till date, the said direction has not been complied with. This Court is not inclined to exercise powers under Article 226 of the Constitution of India in favour of the present petitioners - Petition dismissed.
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