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TMI Blog2025 (2) TMI 794X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the petitioner against the order dated 25.09.2019 whereby the learned Metropolitan Magistrate had directed the petitioner/accused to pay an amount of Rs.15 lakhs as interim compensation under Section 143A of the Negotiable Instruments Act, 1881 (for short, 'the Act') to the respondent/complainant within a period of two months from the date of the said order. 3. Learned counsel appearing for the petitioner submits that the cheque in question was though signed by the petitioner, however, the petitioner was not having any liability towards the respondent. She submits that the loan agreement was also executed between the husband of the petitioner and the respondent. The said loan agreement does not bear the signatures of the present peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se is made out for grant of interim compensation, the Court will have to apply its mind to the quantum of interim compensation to be granted. Even at this stage, the Court will have to consider various factors such as the nature of the transaction, the relationship, if any, between the accused and the complainant and the paying capacity of the accused. If the defence of the accused is found to be prima facie a plausible defence, the Court may exercise discretion in refusing to grant interim compensation. We may note that the factors required to be considered, which we have set out above, are not exhaustive. There could be several other factors in the facts of a given case, such as, the pendency of a civil suit, etc. While deciding the praye ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e accused and the complainant, etc. v. There could be several other relevant factors in the peculiar facts of a given case, which cannot be exhaustively stated. The parameters stated above are not exhaustive." (emphasis supplied) 5. The reasoning given by the learned Metropolitan Magistrate in the impugned order dated 25.09.2019 reads as under: "Section 143A is enabling provision and the only two pre-requisites are that the notice have been framed and the accused had pleaded not guilty and claimed trial. The defence of the accused is not to be considered at this stage and the legislature has also protected the rights of the accused, since on acquittal the interim compensation is to be returned along with interest at the prevailing ..... X X X X Extracts X X X X X X X X Extracts X X X X
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