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2023 (6) TMI 688 - HC - Indian LawsDishonour of Cheque - entitlement for Interim Compensation - main contention of the petitioner is that the petitioner was not given a hearing by the court - principles of Natural Justice - HELD THAT:- The views of the Hon’ble Supreme Court in G.J. RAJA VERSUS TEJRAJ SURANA [2019 (8) TMI 91 - SUPREME COURT] though on the point of Section 143 N.I. Act being prospective, is relevant to a certain extent in the present case. It was held in the case that It is thus clear that in case an accused, against whom an order to pay interim compensation under Section 143A of the Act is passed, fails or is unable to pay the amount of interim compensation, the process under Section 421 can be taken resort to which may inter alia result in coercive action of recovery of the amount of interim compensation as if the amount represented the arrears of land revenue. The extent and rigor of the procedure prescribed for such recovery may vary from State to State but invariably, such procedure may visit the person concerned with coercive methods. The Supreme Court in NOOR MOHAMMED VERSUS KHURRAM PASHA [2022 (8) TMI 924 - SUPREME COURT] held that The remedy for failure to pay interim compensation as directed by the Court is thus provided for by the Legislature. The method and modality of recovery of interim compensation is clearly delineated by the Legislature. It is well known principle that if a statute prescribes a method or modality for exercise of power, by necessary implication, the other methods of performance are not acceptable. Thus, in view of the present position of law as laid down, the order under revision being in accordance with law and causing no prejudice to the petitioner/accused, requires no interference by this court - Revision application dismissed.
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