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2023 (10) TMI 1 - ALLAHABAD HIGH COURTDishonour of Cheque - section 143(A) Negotiable Instrument Act - HELD THAT:- From perusal of Section 143(A), it is evident that Court trying an offence under section 138 of the Negotiable Instruments Act may order the drawer of the cheque to pay interim compensation to the complainant (a) in a summary trial or a summons case, where he pleads not guilty to the accusation made in the complaint; and (b) in any other case, upon framing of charge. (2) The interim compensation under sub-section (1) shall not exceed 20% of the amount of the cheque. (3) The interim compensation shall be paid within 60 days from the date of the order under sub-section (1), or within such further period not exceeding 30 days as may be directed by the Court on sufficient cause being shown by the drawer of the cheque. From perusal of order dated 31.05.2023, the Court has assigned reasons for granting interim compensation to opposite party no.2 as application under section 138 Negotiable Instrument Act is pending since last two years and further observed that on account of dismissal of the complaint, complainant shall return the amount with 7% interest to applicant/accused - there are no illegality in the order dated 31.05.2023 passed by the prescribed authority. Present application dismissed.
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