VISHWAS THAKUR Vs. TARUN TOUR

JUDGEMENT

(1.) With consent heard finally.

(2.) Petitioners have preferred this petition under Sec. 482 of Cr.P.C. against the order dtd. 27/1/2020 passed by First Additional Sessions Judge, Neemuch in Criminal Revision No.03/2020; whereby, revision petition preferred by the petitioners has been dismissed and the order dtd. 8/12/2019 passed by the trial Court has been affirmed. By the order passed by trial Court, trial Court has directed to pay 20% of the cheque amount to respondent as interim compensation as per the provisions of Sec. 143-A of the Negotiable Instrument Act (for short "NI Act"). Petitioners are aggrieved by the said order.

(3.) At the outset, learned counsel for the petitioners submits that petitioners in the present case are accused and facing trial under Sec. 138 of NI Act. Respondent filed complaint under Sec. 138 of NI Act. Sec. 143-A of NI Act was inserted in the NI Act by amended Act 20 of 2018 by which power to direct interim compensation has been provided; whereby, trial Court could have directed for interim compensation to be paid by the drawer of the cheque to the holder of the cheque.