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TMI Blog2022 (3) TMI 1095X X X X Extracts X X X X X X X X Extracts X X X X ..... . Direct the Hon'ble Court of Principal District and Sessions Judge, Koppal to hear the criminal revision petition in Crl.R.P.No.48 of 2021 on the merits of the case and also on I.A.No.II of 2020 and pass orders at the earliest; until passing of such orders in Criminal Revision Petition No.48 of 2021 stay the operation of the order dated 01-06-2021 passed by the Hon'ble Court to Civil Judge and JMFC, Yelburga in C.C.No.67 of 2021 in the interest of justice and equity. 2. Quash the order dated 10-01-2022 passed by the Hon'ble Court of Civil Judge and JMFC, Yelburga in Crl.Misc.No.313 of 2021 in the interest of justice and equity. 3. Quash the public auction publication dated 25.01.2022 bearing No.KoNaSa:Aa.Ha: Kandaya Shakhe:2021-22 passed by the respondent No.2 in pursuance to the order dated 10-01-2022 passed by the Hon'ble Court of Civil Judge and JMFC, Yelburga in Crl.Misc.No.313 of 2021 in the interest of justice and equity. 4. Pass such other order or direction, that is deemed fit under the facts and circumstances of the case, in the interest of justice and equity." 2. Heard Shri V.M.Sheelavant, the learned counsel appearing for the petitioner and Shri B.V.Somapu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t calling in question both those orders but withdrew the petition on the score that the remedy of filing a criminal revision petition would be availed of and also made efforts to get the matter listed before the revisional Court. In the meantime the complainant exercising the liberty that was granted by the order impugned, initiated process in which order of attachment of the property of the petitioner was passed and a notice of public auction was also issued to auction the property on 25.01.2022. 4. The learned counsel appearing for the petitioner would vehemently argue and contend that the petitioner is yet to be held guilty and the trial is yet to commence. As an interim measure, 20% of the claim amount is directed to be paid which amounts to Rs. 40 lakhs and it is highly improbable that the complainant has dispersed the loan of rupees two crores that too in cash. It is a subject matter of trial. The petitioner is before this Court in the light of the impending auction of the property which is for the ground that the petitioner has not complied with the order dated 1.6.2021 directing payment of 20% of the claim amount. 5. On the other hand, the learned counsel appearing for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... terim compensation, with interest at the bank rate as published by the Reserve Bank of India, prevalent at the beginning of the relevant financial year, within sixty days from the date of the order, or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the complainant. (5) The interim compensation payable under this section may be recovered as if it were a fine under Section 421 of the Code of Criminal Procedure, 1973(2 of 11974). (6) The amount of fine imposed under Section 138 or the amount of compensation awarded under Section 357 of the Code of Criminal Procedure, 1973(2 of 1974), shall be reduced by the amount paid or recovered as interim compensation under this section.". 9. This amendment has come into force with effect from 1.9.2018 on its publication in the official gazette. The purport of the amendment is that the Court may in certain circumstances award interim compensation which shall not exceed 20% of the amount of the cheque and such interim compensation can be permitted to be withdrawn in terms of the said amendment. It is invoking the afore-quoted provision of law an application was filed by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e amount as interim compensation. Sub-section (1) of Section 143A reads that notwithstanding anything contained in the Cr.P.C. the Court trying an offence under Section 138 may order drawer to pay interim compensation to the complainant. If an order is passed for payment of interim compensation, it shall be paid within 60 days from the date of the order. 11. Therefore, the Legislature has cautiously worded sub-section (1) of Section 143A not to make it mandatory in all cases where clauses (a) and (b) of sub-section (1) would empower the learned Magistrate before whom proceedings are pending consideration to award interim compensation. It is the discretion conferred, as the word used is "may". If the order is passed, then the payment is mandatory. Therefore, the learned Magistrate who is hearing the application for interim compensation should apply his mind, record his reasons in exercise of his discretion, as to why 20% of the cheque amount is to be granted, as interim compensation in any given case. 12. The other side of the coin of discretion available to the learned Magistrate is that the amount should not exceed 20%. Therefore, it is not that 20% has to be the interim compens ..... X X X X Extracts X X X X X X X X Extracts X X X X
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