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2022 (2) TMI 245 - HC - Indian LawsDishonor of Cheque - demand of interim compensation not exceeding 20% of cheque amount - whether the provisions of Section 148 of the Negotiable Instruments Act can be given the retrospective effect? - HELD THAT:- Section 143A of the Negotiable Instruments Act grants the authority only to the trial court to pass such an order directing interim compensation to the complainant when the drawer of the cheque pleads not guilty to the accusation made in the complaint and in any other case upon framing of charge. The authority so granted to the trial court is of directing the payment of interim compensation not exceeding 20% of the amount of cheque. Section 143A of the Negotiable Instruments Act lays down the consequences in case of acquittal. The trial is still in progress; the result of the trial has yet not declared. The applicant was before the Revision Court only praying for the bail and the Revision Court was pleased to grant the bail to the applicant taking into consideration the facts and circumstances of the case. The trial court was required to consider only the facts and circumstances of the case which concerns the applicant wherein non-bailable warrant was issued, wherein that case, as per the submissions of the learned advocate for the applicant, no such order of paying 20% of the cheque amount was directed. Further that could not be consideration for the Revision Court when the law does not lays down any such mandate for granting the bail. It is only for the trial court concerned under the provisions of Section 143A of the Negotiable Instruments Act who become entitle as per the mandate to pass any such order - Sub-sec.(5) of Section 143A lays down in case the drawer of the cheque fails to pay interim compensation payable under this section it would be recovered as if it were a fine under Section 421 of the Cr.P.C., and as laid down under Sub-sec.(6) of Section 143A the amount of fine imposed under Section 138 or the amount of compensation awarded under Section 357 of the Cr.P.C. shall be reduced by the amount paid or recovered as interim compensation under the said section. Taking into consideration the said provisions of Section 143A of the Negotiable Instruments Act, the order of Revision Court directing the applicant to pay 20% of the cheque amount is against the provisions of law; hence the same deserves to be quashed and set aside - Application allowed.
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