DAGDISH SINGH Vs. RAJINDER PAL SINGH

JUDGEMENT

(1.) The present petition has been filed by the petitioner seeking quashing of the order dtd. 24/8/2022 (Annexure P-2) passed by Ld. JMIC, Patiala, in complaint case COMA No.2592 of 2020 dtd. 22/10/2020, Rajinder Pal Singh Vs. Dagdish Singh, to the extent whereby the said Court directed the petitioner to deposit 20% of cheque amount towards interim compensation to the complainant, as per the provisions of Sec. 143(A) of Negotiable Instruments Act.

(2.) The brief facts of the case are that respondent Rajinder Pal Singh has filed aforesaid complaint against the present petitioner under Sec. 138/142 of Negotiable Instruments Act. On the completion of preliminary evidence, the petitioner was summoned and he appeared before the Trial Court and was granted bail. The Trial Court on 24/8/2022 passed the following order:- "Present:	Surinder Gera, Advocate for complainant. Accused on bail with Sh. Kamna Kumar, Jain, Advocate. Today case was fixed for serving notice of accusation upon accused. Before proceeding further, I have explain to both the parties regarding mediation and other alternative mode of resolution. It has been also explained that if accused makes the payment of the cheque amount then alongwith costs, as assessed, if any, matter it hand can be compoundable. But accused is adamant to pursue the matter on merits. Heard. Finding prima facie case, notice U/s 138 of NI Act has been served upon the accused to which he pleaded not guilty and he wants to defend the case of the complainant and he desires to cross examine the complainant's witness. Since fairly point is involved, therefore, leave to defend is granted to the accused. Accused has received copies of complaint and other documents. After considering the defence of the plea taken by the accused, averments made in the complaint and the cheque amount involved in the present complaint, I am of the considered view that the present case should be treated as summons case. Therefore, let procedure prescribed for the summon trial be adopted. Further, as per amendment of law with regard to NI Act, in case wherein accused pleads not guilty and claim trial, interim compensation is to awarded. For that, the latest position of law is to be seen, which provides that, as reproduced alongwith relevant provisions; " The NI (Amendment) Act, 2018 No. 20/2018 which came into force on 2/8/2018 provides that in the NI ACt, 1881, (herein referred to as principal act), after Sec. 143 the following Sec. shall be inserted:- 143A (1) notwithstanding anything contained in the Code Criminal Procedure 1973, the Court trying An offence under Sec. 138 order the drawer of the cheque to pay the interim compensation to the complainant. 143 A (1) (a) reads as under:-

(3.) The petitioner has not challenged the aforesaid order to the extent whereby notice of accusation was served upon him. However, he being aggrieved of the order passed by the trial Court under Sec. 143(A) of Negotiable Instruments Act, the petitioner has filed the present petition.