NIA 143A — Power to direct interim compensation

Negotiable Instruments Act, 1881

Statutory text

[143A.  Power  to  direct  interim  compensation.—(1)  Notwithstanding  anything  contained  in  the
Code of Criminal Procedure, 1973, the Court trying an offence under section 138 may order the drawer of the cheque to pay interim compensation to the complainant—
(a) in a summary trial or a summons case, where he pleads not guilty to the accusation made in the
complaint; and
(b) in any other case, upon framing of charge.
(2) The interim compensation under sub-section (1) shall not exceed twenty per cent. of the amount of the cheque.
(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.
(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  Reserve
Bank of India, prevalent at the beginning of the relevant financial year, 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.

(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).
(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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