Profile_May282019 (Others) 13 September 2021

Sec 138 amendments

Is it necessary to refer to or submit an application for 143-A while filing a SEC 138 complaint? or what is the timeline to submit one aftre filing 138 complaint?

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 14 September 2021

The Amendment Bill inserts a new Section 143-A in the Act of 1881, making provision for the payment by the drawer of the dishonoured cheque to the payee thereof of interim compensation of an amount not exceeding 20% of the value of the instrument during the pendency of proceedings for the offence of dishonour under Section 138 of the Act (a) in a summary trial or a summons case, where the drawer pleads not guilty to the accusation made in the complaint; and (b) in any other case, upon framing of charge.

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P. Venu (Advocate) 14 September 2021

It is more of a practice than the law or its procedure. It would be advantageous for the complaint to make appropriate prayers at the time of filing the complaint itself.

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Dr J C Vashista (Advocate) 14 September 2021

It is neither compulsory nor mandatory to file application u/s 143A of the NI Act, 1881, however, why are you reluctant ?

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Shubham Bhardwaj (Advocate) 15 September 2021

Dear Sir, After going through your query and replies given by experts, I agree with learned advocate Sh. Vashista G. Although it is not mandatory to file a separate application but as a matter of court practice some judges do insist on a separate application, although it is unclear as to the reason for such insistence. So, if you have to, it is better to file it at the time of filing of complaint u/s 138 itself. But even if you have not filed, there is no need for worry, you may file it during the proceedings. Regards Shubham Bhardwaj (Advocate) District & Session Court, Chandigarh Punjab & Haryana High Court, at Chandigarh Disclaimer:- Opinion is only for guidance.

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Profile_May282019 (Others) 16 September 2021

Thank you for the reply. Some suggest that it is better to file an application along with 138 application, so was wondering if this can be requested at a later stage. My advocate does not want to file it with 138 application

Shubham Bhardwaj (Advocate) 16 September 2021

Dear Sir, You may do so but don't take too long. The purpose of Section 143-A is to give some relief to the victim earlier. Delaying it too much does not send a good message to the judge. Regards

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S M SHARMA (RETIRED) 16 September 2021

Respected sirs, …is it necessary that in all cases, the trial Court must necessarily direct the complainant to pay interim compensation or such a direction should be given only on a case to case basis by taking into consideration the facts of each case. What are those particular considerations/ basis for passing orders for compensation u/s 143A.

Shubham Bhardwaj (Advocate) 17 September 2021

Dear Mr Sharma, I have gone through your query. Section 143-A is an additional substantive right given to the complainant and thus a complainant is well within his rights to pray for interim compensation under Section 143 A. However the only requirement is that the complaint should have been filed after the insertion of Section 143 A. This section is not retrospective in nature. regards Shubham Bhardwaj (Advocate) District & Session Court, Chandigarh Punjab & Haryana High Court, at Chandigarh Disclaimer:- Opinion is only for guidance.

Sec 138 amendments

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