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Indian Laws - Highlights / Catch Notes

Home Highlights February 2024 Year 2024 This

Dishonour of Cheque - exercise of discretion rationally, by the ...


Trial Courts Have Discretion in Awarding Interim Compensation for Dishonored Cheques, Must Justify Decisions.

February 24, 2024

Case Laws     Indian Laws     HC

Dishonour of Cheque - exercise of discretion rationally, by the Trial Court for award of interim compensation - The court underscores that Section 143A is directory, not mandatory, and the trial court has discretion in awarding interim compensation. It mandates reasons for such an award, particularly if the accused's conduct includes delay tactics. - The trial court is justified in expecting cooperation from the accused for a speedy trial and can consider non-cooperation as a factor for interim compensation.

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