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TMI Blog2020 (5) TMI 561X X X X Extracts X X X X X X X X Extracts X X X X ..... 43A(1) of the Act provides that, notwithstanding anything contained in the Code of Criminal Procedure, 1973, 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. Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... YAMKULAM) RESPONDENTS/COMPLAINANT STATE: R1 BY ADV. SRI. S. DILEEP (KALLAR) SRI SANTHOSH PETER-SR PP J U D G M E N T R.NARAYANA PISHARADI, J The petitioner is the accused in the case C.C.No.588/2018 on the file of the Court of the Judicial First Class Magistrate-I, Kattappana. 2. The aforesaid case is one instituted upon the complaint filed against the petitioner by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the cheques within a period of sixty days. The aforesaid order is challenged by the petitioner/accused in this original petition filed under Article 227 of the Constitution of India. 5. Heard learned counsel for the petitioner and also the first respondent. 6. The impugned order passed by the learned Magistrate is presumably under Section 143A of the Act. 7. Section 143A was inserted in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fined to cases where the offence under Section 138 of the Act was committed after the introduction of that provision (Section 143A) in the statute book. 9. In the instant case, the offence under Section 138 of the Act was allegedly committed by the petitioner and the complaint against him was filed by the first respondent much before the date 01.09.2018. Therefore, the learned Magistrate could ..... X X X X Extracts X X X X X X X X Extracts X X X X
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