9911796707
TMI Blog2023 (7) TMI 1057X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 143A of NI Act, it is clear that the interim compensation under sub-section (1) shall not exceed 20% of the amount of the cheque. Under Sub-section (1) of Section 148 of NI Act, it is the Appellate Court may order the appellant to deposit minimum of 20% of the fine or compensation awarded by the Trial Court. At the stage of trial, interim compensation shall not exceed 20% of the amount of the cheque on sufficient cause being shown by the drawer of the cheque and on the other hand, in the appellate stage this 20% is the minimum amount to be deposited as interim compensation and the condition of sufficient cause is not provided for the reason that the accused after trial, convicted by the Trial court and on conviction, prefers the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 389(1) Cr.P.C. in Crl.M.P.Nos.3433/2022 and 3434/2022 respectively. The learned Principal Sessions Judge, Erode, by order dated 08.11.2022 suspended the sentence imposed on the petitioner with a condition that 20% of the cheque amount [less if any of the amount paid under Section 143A of NI Act] is ordered to be deposited before the Trial Court by the petitioner/accused in terms of Section 148 of NI Act within a period of 30 days from the date of the order, failing which the order of suspension of execution of sentence of the said imprisonment shall stand vacated automatically. Aggrieved against the same, the above two petitions have been filed. 3. The contention of the petitioner is that the Trial Court had not properly consider ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... G.R.Enterprises rep. by its Propreitrix Singu @ Lakshmi and another vs. P.Anbazhagan [Crl.O.P.Nos.14538 14550 of 2019 dated 12.07.2019] and Pujita Creators rep. by its Managing Director Mr.M.Ragunath and others vs. S.M.Venkatesh [Crl.O.P.No.10236 of 2022]. 4. The learned counsel for the respondent submitted that the petitioner's contention has to be dismissed in limine. He would submit that Section 143A of NI Act comes into play at the conclusion of trial and judgment it provides power to direct interim compensation during the pendency of the trial. In this case, the petitioner herein was convicted by the Trial Court after full-fledged trial in both S.T.C.Nos.170/2019 and 171/2019 by a well reasoned judgment dated 10.10.2022 and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iled these petitions on a wrong notion that the order passed by the Principal Sessions Judge, Erode, is under Section 143A of NI Act. Section 143A of NI Act provides power to direct interim compensation at the stage of trial on sufficient cause being shown by the drawer of the cheque. In Sub-section (2) of Section 143A of NI Act, it is clear that the interim compensation under sub-section (1) shall not exceed 20% of the amount of the cheque. Under Sub-section (1) of Section 148 of NI Act, it is the Appellate Court may order the appellant to deposit minimum of 20% of the fine or compensation awarded by the Trial Court. At the stage of trial, interim compensation shall not exceed 20% of the amount of the cheque on sufficient cause being shown ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
