DHARMPAL Vs. OM PARKASH

JUDGEMENT

(1.) The accused-petitioners herein, are facing a notice of accusation for an offence constituted under Sec. 138 of the Negotiable Instruments Act. In the afore drawn complaint after the recording of preliminary evidence, by the learned Magistrate concerned, the accused were served with summons, and, thereafter, it is averred on affidavit appended with the petition, that they caused their regular appearances before the learned trial Magistrate concerned.

(2.) Moreover, the complainant's evidence is yet to open, or, is to commence before the learned Magistrate concerned. However, during the pendency of complaint bearing No.NACT/87/2019, titled as 'Dr. Om Parkash versus Dharampal' dtd. 6/5/2019, the complainant instituted an application, under Sec. 143-A of the Negotiable Instruments Act, 1881, seeking a direction being made, upon, the accused to pay interim compensation to him. The learned trial Judge made an affirmative order thereon, and, the order pronounced on 17/8/2021 has been challenged before this Court.

(3.) Though a reading of the hereinafter extracted provisions of 143-A, of the Negotiable Instruments Act, unravels that though it vests a discretion in the learned trial Magistrate to, during the pendency of the apposite complaint, before him, to make a direction, upon the accused to pay interim compensation, to the complainant, in the quantum carried therein.