PRADEEP KUMAR Vs. GOVINDA BEHARILAL THAKURAL

JUDGEMENT

(1.) Petitioners who are accused in C.C.No.13946/2019 pending on the file of XV Addl. Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under Sec. 138 of Negotiable Instruments Act, 1881 (for short, 'N.I.Act'), have filed this petition challenging the order dtd. 19/5/2020 passed under Sec. 143A of the N.I.Act, wherein the petitioners have been directed to deposit interim compensation at the rate of 10% of the cheque amount by the Trial Court, within a period of 60 days from the date of the order.

(2.) Learned Counsel for the petitioner submits that the petitioners have got a good case on merits and they are not liable to pay any amount to the complainant. He submits that the petitioner did not have any transaction with the respondent and no documents evidencing the transaction has been produced by the complainant. He submits that without properly ascertaining the genuineness of the complaint averments, the Trial Court has erred in passing CRL.P.681/2021 the impugned order directing the petitioners to deposit 10% of the cheque amount.

(3.) Sec. 143A of the N.I.Act has been introduced with an object of providing some relief to the complainant by way of interim compensation having regard to the inordinate delay in disposal of the case filed for the offence under Sec. 138 of the N.I.Act. While considering the application under Sec. 143A of the N.I.Act, the Trial Court is required to consider whether the requirement of Sec. 143A of the N.I.Act is fulfilled. The merits of the case and the defence of the accused persons cannot be appreciated by the Trial Court at that stage. The Sec. itself provides that if the accused are ultimately acquitted, the amount deposited by them shall be refunded to them or repaid to them with interest as the bank rate as published by the Reserve Bank of India, prevalent at the beginning of the relevant financial year, within 60 days from the date of the order.