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2021 (8) TMI 479 - HC - Indian LawsDishonor of Cheque - payment of amount of compensation awarded by the trial Court - Principles of natural justice - refusal to entertain cross-examination of respondent-accused - HELD THAT:- On perusal of Sections 143A(5) and (6), it clearly reveals that the amount of compensation awarded by the trial Court if not deposited by the accused, then it may be recovered as if it were fine under Section 421 of Cr.P.C., and if it is after completion of the trial, if any fine is imposed under section 138 or the amount of compensation awarded under section 357 of the Code of Criminal Procedure, 1973, shall be reduced by the amount paid or recovered as interim compensation. Section 143A(5) is exception to the Section 143A(1) of the N.I. Act. Section 143A(1) empowers the order for interim compensation of at least 20% of the cheque amount to be paid within sixty days from the date of order and the same may be recovered as if it a fine under Section 421 of Cr.P.C., as per Section 143A(5) of the N.I. Act. On perusal of the order passed by the trial Court and First Appellate Court for the purpose of non payment of the interim compensation, the right of cross-examination cannot be denied by the trial Court - The First Appellate Court has also considered the aspect holding that the right of cross-examination cannot be denied. It is also pertinent to note under Section 143A(4) empowers that if the drawer of the cheque is acquitted, the Court shall direct the complainant to repay to the drawer the amount of interim compensation, with interest at the bank rate as published by the Reserve Bank of India, prevalent at the beginning of the relevant financial year, within sixty days from the date of the order, or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the complainant. Such being the case, if the accused is not permitted to cross-examine the complainant, the interim order cannot be considered as the final order until completion of trial. Therefore, directing the accused to deposit 20% of the compensation though it is mandatory but it is recoverable by the complainant as if it is fine recovered under Section 421 of Cr.P.C. - Petition dismissed.
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