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TMI Blog2022 (4) TMI 1247X X X X Extracts X X X X X X X X Extracts X X X X ..... e amounting to Rs. 50 (fifty) lakh. The case was transferred to the Court of learned Metropolitan Magistrate, 20 th Court, Calcutta, and before the said Magistrate, the petitioner filed an application under Section 143A of the said Act for interim compensation. 4. Learned Magistrate by an order dated March 4, 2020, allowed the said application directing the accused namely, Rajeev Arora (since deceased) to pay interim compensation to the tune of twenty percent of the total cheque amount to the petitioner in terms of Section 143A of the said Act within sixty days from the date of order. 5. The said order of the learned Magistrate passed on March 4, 2020, was challenged by Rajeev Arora before the Chief Judge, City Sessions Court, by filing a revisional application. 6. During the pendency of the said application, Rajeev Arora died on October 19, 2020, leaving behind his widow and opposite party nos. 2(a) and (b) as his legal heirs. 7. The order dated March 4, 2020, was affirmed by the learned Chief Judge, City Sessions Court on December 2, 2020, and thereafter the petitioner filed an application under Section 421 of the Code of Criminal Procedure, 1973 before the learned Magistrate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... He submits that Section 139 of the Negotiable Instruments Act provides for a presumption which operates in favour of the payee from the initiation of a complaint under Section 138 of the said Act and on the basis of the same, at the stage of recording the plea under Section 251 of the Code of Criminal Procedure, 1973, an order under Section 143A of the Negotiable Instruments Act is passed. Therefore, on the death of the accused, under Sub-section (4) of Section 143A of the Negotiable Instruments Act, the liability to pay interim compensation from the estate of the accused is not absolved. Mr. Bhattacharjee on interpretation of statutory provisions has relied upon judgments of the Supreme Court reported at (2010) 2 SCC 513 (Sri Jeyaram Educational Trust v. A.G. Syed Mohideen) and (1999) 4 SCC 253 (NEPC Micon Ltd. v. Magma Leasing Ltd.). 12. He further relied upon a judgment reported at ILR (1938) 1 Cal 509 (Tari Bala Sukla Baidya v. Kabal Ram Sukla Baidya), where it was held that cancellation of an interim maintenance does not absolve the husband to pay the arrear. 13. Mr. Sonal Anand, learned advocate appearing for the opposite parties, on the other hand, submits that the compen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le Instruments Act, 1881 can be recovered from the estate of a deceased accused, who died before the conclusion of the trial. 18. Before I advert to the aforesaid issues, it is necessary to consider the relevant provisions of law. 19. Section 143A of the Negotiable Instruments Act, 1881, grants power upon the trial Court to direct payment for interim compensation. Section 143A reads: "143A. Power to direct interim compensation.-- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the Court trying an offence under section 138 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 twenty per cent of the amount of the cheque. (3) The interim compensation shall be paid within sixty days from the date of the order under sub-section (1), or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the drawer of the che ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aw relating to recovery of arrears of land revenue, as if such warrant were a certificate issued under such law: Provided that no such warrant shall be executed by the arrest or detention in prison of the offender." 21. Section 70 of the Indian Penal Court, 1860 is quoted below: "70. Fine leviable within six years, or during imprisonment--Death not to discharge property from liability.--The fine, or any part thereof which remains unpaid, may be levied at any time within six years after the passing of the sentence, and if, under the sentence, the offender be liable to imprisonment for a longer period than six years, then at any time previous to the expiration of that period; and the death of the offender does not discharge from the liability any property which would, after his death, be legally liable for his debts." 22. It is also necessary to notice Section 431 of the Code of Criminal Procedure, 1973, which provides as follows: "431. Money ordered to be paid recoverable as a fine.--Any money (other than a fine) payable by virtue of any order made under this Code, and the method of recovery of which is not otherwise expressly provided for, shall be recoverable as if it w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd allowed to continue it. 27. Section 25 of the General Clauses Act, 1897, makes it clear that Sections 63 to 70 of the Indian Penal Code, 1860, shall apply to fines imposed under the Negotiable Instruments Act, 1881. Section 25 of the General Clauses Act, 1897 is reproduced below:- "25. Recovery of fines.-Section 63 to 70 of the Indian Penal Code (45 of 1860) and the provisions of the Code of Criminal Procedure (5 of 1898) for the time being in force in relation to the issue and the execution of warrants for the levy of fines shall apply to all fines imposed under any Act, Regulation, rule or bye-law unless the Act, Regulation, rule, or bye-law contains an express provision to the contrary." 28. I, therefore, do not agree with Mr. Anand that the provisions of Section 70 of the Indian Penal Code, 1860 cannot be extended to Section143A of the Negotiable Instruments Act, 1881. The expression "all fines imposed under any Act ..." is wide enough to include the fine imposed under Section143A of the Negotiable Instruments Act, 1881 to bring within the swipe of Section 70 of the Indian Penal Code, 1860. 29. The combined reading of the aforesaid provisions makes it clear that where ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rystallized in favour of the complainant by dint of such interim order of compensation. The order of interim compensation, which is passed in the aid of final compensation, will cease to exist when the trial comes to an end due to the death of the accused since in such eventuality there cannot be any scope to adjudicate the innocence or the guilt of the accused in the trial. 38. Therefore, I am of the view that if in case of death of an accused the compensation awarded under Section 138 of the Negotiable Instruments Act, 1881 can be recovered from the estate of a deceased accused, but an interim compensation awarded under Section 143A of the said Act cannot be recovered from the estate of a deceased accused, who died before the conclusion of the trial. 39. I need not discuss separately the judgments relied upon by the respective parties on the principles interpretation of statutes since there cannot be any quarrel with regard to the propositions of law laid down in those cases. 40. In view of the aforesaid findings, this revisional application C.R.R. No. 1555 of 2021 is dismissed without interfering with the order of the learned Magistrate in the Court below. 41. Urgent certifi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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