2022 (5) TMI 464 - PUNJAB & HARYANA HIGH COURT - Indian Laws

Head Note / Extract:
Dishonor of Cheque - Withdrawal of present petition to the extent of quashing of criminal complaint - Section 143(A) of Negotiable Instruments Act, is only directory in nature or not - HELD THAT:- Admittedly, no opportunity was given to the petitioner to file his reply, before passing of the impugned order despite the fact that he had not pleaded guilty to the notice of accusation served upon him under Section 138 of Negotiable Instruments Act - From the perusal of impugned order, it appears that the Trial Court granted interim compensation under Section 143(A) of Negotiable Instruments Act just in a mechanical 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) of Negotiable Instruments Act and treated the said provision of law as mandatory in nature, whereas the legal position is otherwise. The matter is remanded back to learned Trial Court to dispose of the matter regarding grant of interim compensation to the complainant/respondent under Section 143A, in accordance with law within one month of the receipt of certified copy of this order - Petition allowed by way of remand.