TMI Blog2022 (5) TMI 136X X X X Extracts X X X X X X X X Extracts X X X X ..... that he had not pleaded guilty to the notice of accusation served upon him under Section 138 of Negotiable Instruments Act. From the perusal of impugned order, it appears that the Trial Court granted interim compensation under Section 143(A) of Negotiable Instruments Act just in a routine manner and there is no application of mind as to why the said compensation has to be awarded. The Trial Court misread Section 143(A) of Negotiable Instruments Act and treated the said provision as mandatory in nature, whereas the legal position is otherwise. The impugned order to the extent it has been challenged is liable to be set aside being non-speaking and contrary to settled position of law - the matter is remanded back to learned Trial Court to d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... im compensation to the complainant to the tune of 20% of the cheque amount. Hence, in view of the said statutory provision, accused is directed to pay interim compensation of 20% of cheque amount within period of 60 days to complainant. Heard on arguments on the notice of accusation. A prima facie case is being made out against the accused for the commission of offences punishable under Section 138 of Negotiable Instrument Act. Accordingly, notice of accusation has bee served upon the accused, for the same to which, the accused pleaded not guilt and claimed trial. Now, case is adjourned to 26.05.2021 for evidence of the complainant. Dated:5.4.2021 Sd/- JMIC/Faridkot/ The petitioner has not challenged the afores ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Section 143(A) of Negotiable Instruments Act, is only directory in nature. Even the Karnataka High Court in Criminal Petition No.100261/2022 Vijaya Vs. Shekharappa and another decided 17.02.2022 reported in 2022 Live Law (Kar) 82, has also taken similar view. Admittedly, no opportunity was given to the petitioner to file his response, before passing of the impugned order despite the fact that he had not pleaded guilty to the notice of accusation served upon him under Section 138 of Negotiable Instruments Act. From the perusal of impugned order, it appears that the Trial Court granted interim compensation under Section 143(A) of Negotiable Instruments Act just in a routine manner and there is no application of mind as to why the said co ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
