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INTERIM COMPENSATION IN A CHEQUE BOUNCE CASE

                                     
As already discussed in our earlier blogs, that in case a cheque is dishonored, then the same attracts a criminal complaint which is governed by Sec 138 NI Act. Now, today in this blog we will discuss as to how during the pendency of a cheque bounce case, the complainant may get certain compensation pending its trial. This is made possible by the insertion of Sec 143A which has come into effect w.e.f July 2018. As per this amendment, the court may upon an application grant compensation to be given to the complainant which is equivalent to 20% of the amount as mentioned in the cheque. For application of this section, it has be seen that the accused has not pleaded guilty, which means that in cases where the accused wants to defend the matter and claims trial, in such cases, the court may grant the 20 % of the amount as mentioned in cheque in question to be paid to the complainant by the accused pending trial. Moreover, in case after directed by the court, the accused fails to comply with it, the complainant may enforce its efficacy by use of Sec 421 CrPC.
Further in case after the commencement of the trial of the case, if the court comes to the conclusion that the accuse id innocent and aquits him/her. in such a situation the complainant will be directed to withdraw the amount enjoyed by him along with rate of interest to the complainant. However, the provisions of this section would be applicable prospectively i.e. apply to cases filed after the said section has become applicable as mentioned above.

CONCLUSION 
By insertion of this very provision, it has given some relief at the inception to the persons who has been deprived of their hard earned money and was forced to file a case in order to recover their money, giving them some sort of support to at least bear their litigation costs.
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  1. Jonathan Levinson, Psy.D.26 May 2022 at 05:07

    Love this article! Useful and informative. looking forward to see more like this. Also check this out workers compensation services Greene County. Thank you.

    ReplyDelete

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