considered opinion that all the ingredients
of Section 143A NI Act stand fulfilled qua the present
case. There is no reason why the benefit ... Section 143A
NI Act should not be accorded to the complainants in the
present case, especially when the legislature itself has laid
down a beneficial
made under Section
138 NI Act granting interim compensation under Section 143A
NI Act in the sum of Rs.3 lacs in each case ... three cases (Rs.3,00,000/ in each case)
under Section 143A NI Act. It is asserted that this order
Trial Court, the respondent
no. 2 moved an application under Section 143A NI Act, upon
which, notice was issued and the Ld. Trial Court vide ... proceeded to decide
respondent no. 2's application under Section 143A NI Act,
without affording an opportunity of filing reply or without
hearing
Trial Court, the respondent
moved an application under Section 143A NI Act, upon which,
notice was issued and reply, filed by/on behalf ... defence, under the
reply to respondent's application under Section 143A NI Act. As
per the Ld. Counsel, had there been any real evaluation
Trial Court, the respondent moved an application
under Section 143A NI Act, upon which, notice was issued and
reply, filed by/on behalf ... defence, under the
reply to respondent's application under Section 143A NI Act. As
per the Ld. Counsel, had there been any real evaluation
trial Court')
dismissed an application under Section 143A NI Act filed by the
petitioner seeking interim compensation i.e. Rs. 30,050.20/-
being ... security in the
February-March, 2018."
THE APPLICATION UNDER SECTION 143A NI ACT:
5. The complainant sought interim compensation to
the extent
After framing of notice, the complainant filed an
application u/s 143A NI Act on 06.05.2022. The complainant
through this application sought compensation ... that the trial should begun only after the compliance
of Section 143A NI Act by the accused on making
the payment of 20% of cheque
After framing of notice, the complainant filed an
application u/s 143A NI Act on 06.05.2022. The complainant
through this application sought compensation ... that the trial should begun only after the compliance
of Section 143A NI Act by the accused on making
the payment of 20% of cheque
examined-in-chief, cross-examined & discharged.
An application u/s 143A NI Act, filed on
behalf of complainant is pending for disposal. Reply ... cheque has been presented.
12. The law pertaining to Section 143A of NI Act has been
summarized by the Hon'ble Apex Court
Priya Aggarwal Vs. Bharti Sharma Page 7 of 12
9. Section 143A NI Act is reproduced herein for ready
reference :
Section 143A NI Act - Power ... appreciated the settled position of law that the provision of section
143A NI Act is an enabling provision which is directory in nature and
that
