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TMI Blog2023 (2) TMI 823X X X X Extracts X X X X X X X X Extracts X X X X ..... n question has been filed after the amendment which came into effect w.e.f. 1.9.2018. Accordingly, the provisions of Section 143-A of Negotiable Instruments Act are very much applicable in the present case. A perusal of the impugned order would show that the learned Trial Court after filing of complaint issued notice to the accused petitioner and heard both the sides. The contents of notice were also read over to the accused-petitioner in simple Punjabi language to which he pleaded not guilty and claimed trial. The provisions of Section 143-A of Negotiable Instruments Act provide discretion to the Trial Court for granting interim compensation to the complainant in order to meet the objects and reasons behind the amendment. The Trial Court i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plaint under section 138 of Negotiable Instruments Act, wherein it was contended that the accused/petitioners borrowed a sum of Rs.10 lakh from the complainant and in consideration of the said amount he issued a post dated cheque no.318836 dated 6.6.2021 in favour of the complainant drawn on State Bank of India, ADB Branch, Moti Bazar, Malerkotla. It was assured to the complainant by the petitioner that the cheque would be honoured on being presented in the bank, however, when the respondent complainant presented the same before the Axis Bank Branch Malerkotla for its realisation, the same was dishonored vide Bank Memo dated 20.8.2021 with the remarks Refer to Drawer/Not Arranged for as there was no amount. A legal notice was issued by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... struments Act. She further submits that the statutory provision under Section 143-A of Negotiable Instruments Act makes it clear that the court while trying an offence under Section 138 of Negotiable Instruments Act may order the drawer of the cheque to pay interim compensation to the complainant and thus it is a discretion vested in the Trial court for directing the interim compensation and not a mandatory provision to be granted in every case. It is submitted that the court is to see that nobody plays with the law of land and those who are misusing the process of law by harassing the innocent persons like the petitioner without any reasonable cause must be discouraged. She has relied upon the judicial precedent of this court in a bunch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... riminal) No.2872 of 2022 decided on 2.8.2022 and submits that the present petition being devoid of any merits, deserves to be dismissed. I have heard learned counsel for the parties at length and have gone through the case record carefully. For the appreciation of the controversy involved the provision of Section 143-A of Negotiable Instruments Act is relevant and the same is reproduced hereunder:- 143-A. Power to direct interim compensation- (1) 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ginal act and the same were incorporated by the Legislature by way of amendment. The objects and reasons for incorporating these provisions are as follows:- The Negotiable Instruments Act, 1881 (the Act) was enacted to define and amend the law relating to Promissory Notes, Bills of Exchange and Cheques. The said Act has been amended from time to time so as to provide, inter alia, speedy disposal of cases relating to the offence of dishonour of cheques. However, the Central Government has been receiving several representations from the public including trading community relating to pendency of cheque dishonour cases. This is because of delay tactics of unscrupulous drawers of dishonoured cheques due to easy filing of appeals and obtaini ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he drawer against conviction under Section 138, the Appellate Court may order the appellant to deposit such sum which shall be a minimum of twenty per cent of the fine or compensation awarded by the trial court. 4. The Bill seeks to achieve the above objectives. The Hon'ble Supreme Court in Surinder Singh Deswal alias Colonel S.S. Deswal and others Vs. Virender Gandhi (2019) 11 SCC 341 has settled the proposition of law that the provisions of Section 143-A of Negotiable Instruments Act are prospective in nature. So far as Section 148 of Negotiable Instruments Act, the same are retrospective in nature. There is no dispute that the complaint in question has been filed after the amendment which came into effect w.e.f. 1.9.2018. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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