Dismissed

Laxmikant Rathore @ Bantu Rathore v. Ravi Jadwani

Chhattisgarh HC1 Mar 2021CRMP/200/2021

Case brief

AI extract

What is this about?

The High Court dismissed an appeal under Section 482 CrPC challenging a revision order that directed the trial Magistrate to compute and grant interim compensation under Section 143A NI Act, holding the revision maintainable and section applicable prospectively.

What did the court decide?

The petition under Section 482 CrPC is dismissed. The trial Magistrate is directed to consider the application for interim compensation within 30 days.

Laxmikant Rathore @ Bantu Rathore Vs Ravi Jadwani — Cheque Dishonour | Chhattisgarh HC (2021)

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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CRMP No. 200 of 2021

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Laxmikant Rathore @ Bantu Rathore, Aged about 60
years, S/o Late Shri Makhan Lal Rathore, R/o
RathoreBada,RathoreChouck,Raipur,
Chhattisgarh, Office At : Angeethi Dhaba, Baba
Gilaram Nagar, Devpuri, Raipur, Chhattisgarh.

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---Petitioner/Accused

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Versus

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1. Ravi Jadwani, S/o Late Shri Doulat Ram Jadwani, Aged about 42 years, R/o Admadji Chouck, Near Nal Ghar Chouck, Raipur, Chhattisgarh. – Complainant

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2. The State of Chhattisgarh, Through The Collector, Distt. Raipur, Chhattisgarh.

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 --- Respondents

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For Petitioner :- Mr. J.K. Gupta, Advocate
For State :- Mr. Sunil Otwani, Addl. A.G. and

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 Mr. Animesh Tiwari, Dy. A.G.

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Hon'ble Shri Justice Sanjay K. Agrawal

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Order on Board

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01/03/2021

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1.Respondent No. 1/complainant filed a complaint

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under Section 138 of the Negotiable Instruments
Act, 1881 (hereinafter, 'the NI Act') stating

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inter alia that the cheque issued by the

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petitioner/accused has been dishonored and
thereafter, during the pendency of the
complaint, on 24/06/2019, he also filed an
application under Section 143A of the NI Act for
grant of interim compensation which was
eventually rejected by the trial Magistrate by
order dated 28/01/2020, but in the revision
preferred by respondent No. 1/complainant, the
revisional Court allowed the application by
order impugned dated 22/01/2021 and directed the

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trial Magistrate to compute the interim
compensation and grant the same to the
complainant against which the instant petition
under Section 482 of CrPC has been preferred by
the petitioner/accused.

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2.Mr. J.K. Gupta, learned counsel for the
petitioner/accused, would submit that the
revisionpreferredbyrespondentNo.
1/complainant was not maintainable and the
petitioner/accused is not responsible for delay
in completion of the complaint case, therefore,
the impugned order deserves to be set aside.

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3.I have heard learned counsel for the parties,
considered their submissions made herein-above

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and went through the records with utmost

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circumspection.

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4.Section 143A of the Negotiable Instruments Act,

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1881 provides as under :-

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“143A.Powertodirectinterim
compensation. -(1) Notwithstanding
anything contained in the Code of Criminal
Procedure, 1973 (2 of 1974), the Court
trying an offence under section 138 may
order the drawer of the cheque to pay
interim compensation to the complainant -

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(a) in a summary trial or a summons case,
where he pleads not guilty to the
accusation made in the complaint; and

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(b) in any other case, upon framing of
charge.

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(2) The interim compensation under sub-
section (1) shall not exceed twenty per
cent of the amount of the cheque.

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(3) The interim compensation shall be paid
within sixty days from the date of the
order under sub-section (1), or within
such further period not exceeding thirty
days as may be directed by the Court on
sufficient cause being shown by the drawer
of the cheque.

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(4) If the drawer of the cheque is
acquitted, the Court shall direct the
complainant to repay to the drawer the
amount of interim compensation, with
interest at the bank rate as published by
the Reverse Bank of India, prevalent at
the beginning of the relevant financial
years, within sixty days from the date of
the order, or within such further period
not exceeding thirty days as may be
directed by the Court on sufficient cause
being shown by the complainant.

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(5) The interim compensation payable under
this section may be recovered as if it
were a fine under section 421 of the Code
of Criminal Procedure, 1973 (2 of 1974).

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(6) The amount of fine imposed under
section 138 or the amount of compensation
awarded under section 357 of the Code of
Criminal Procedure, 1973 (2 of 1974),
shall be reduced by the amount paid or
recovered as interim compensation under
this section.”

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5.Section 143A which provides for power to direct
interim compensation was inserted in the
Negotiable Instruments Act, 1881 w.e.f.
01/09/2018 by the Amendment Act 20 of 2018 with
an object to provide interim compensation to the
extent of 20 per cent of the amount of cheque
during the pendency of the complaint and that
provision has been held to be prospective in
nature and confined to cases where offences were
committed after the introduction of Section 143A
w.e.f. 01/09/2018 by the Supreme Court in the
matter of G.J. Raja v. Tejraj Surana1.

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6.Similar is the proposition held by the Bombay
High Court in the matter of Babanraoji Shinde
Sugar and allied Industries Ltd. v. State of
Maharashtra2. As such, the power and
jurisdiction under Section 143-A of the Act of

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1881 can be exercised by the trial
Magistrate/Judicial Magistrate 1st Class w.e.f.

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01/09/2018 for grant of interim compensation in

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1 2019 SCC Online SC 989 : (2019) 10 SCC 489

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2 2019 SCC Online Bom 10803

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a complaint filed and pending under Section 138
of the NI Act, 1881 following the judgment of
the Supreme Court in the matter of G.J. Raja
(supra).

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7.Reverting to the facts of the instant case in
light of the aforesaid judgments (supra), it is
quite vivid that the trial Magistrate rejected
respondent No. 1/complainant's application for
grant of interim compensation under Section 143A
of the Act of 1881 on the ground that the
petitioner/accused is not responsible for delay
in completion of the trial, however, the
revisional Court has noticed that the trial
Magistrate has the power and jurisdiction to
grant interim compensation under Section 143A of
the Act of 1881 as the cheque in question was
dishonored on 24/12/2018 and the complaint was
filed on 24/05/2019, therefore Section 143A of
the Act of 1881 is applicable, and remitted the
matter to the trial Magistrate to consider
respondent No. 1/complainant's application for
grant of interim compensation under Section 143-
A of the Act of 1881, which is strictly in
accordance with law and the petitioner/accused
is at liberty to make all such submissions

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before the trial Magistrate while consideration
of the said application under Section 143-A of
the Act of 1881. Similarly, the argument made by
learned counsel for the petitioner/accused that

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revisionpreferredbyrespondentNo.
1/complainant was not maintainable in view of
Section 397 of CrPC is also rejected as it is an
important and valuable right of respondent No.
1/complainant to get interim compensation in
terms of Section 143-A of the Act of 1881.

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8. Consequently, the instant petition under Section 482 of CrPC deserves to be and is accordingly dismissed. No cost(s).

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9. Learned trial Magistrate is directed to consider the said application filed by respondent No. 1/complainant under Section 143A of the Act of 1881 as directed by the revisional Court within 30 days from the date of receipt of a copy of this order.

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Sd/-
(Sanjay K. Agrawal)
Judge

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Harneet

Laxmikant Rathore @ Bantu Rathore v. Ravi Jadwani

Case brief

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Laxmikant Rathore @ Bantu Rathore v. Ravi Jadwani

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