IN THE COURT OF ___________, LD. M.M.
, (DISTT- ),
ROHINI COURTS, DELHI
C.C. No……./
IN RE:
ANITA DABAS COMPLAINANT
VERSUS
JOGINDER SINGH ACCUSED
U/S: 138 OF NI ACT
APPLICATION U/S 143 A OF THE NEGOTIABLE ACT AS
AMENDED BY THE AMENDMENT IN N.I. ACT W.E.F.,
2.08.2018
MOST RESPECTFULLY SHOWETH:
1. That the above captioned matter is pending adjudication
before this Hon’ble Court and is at the stage of framing of
notice.
2. In the meantime there has been an Amendment by
which Section 143 A has been incorporated in the
Negotiable Instrument Act, which provides for the Power
to provide for interim compensation to the complainant.
The insertion of new provisions in the N I Act aims at
addressing the issue of undue delay in finality of cheque
dishonor cases.
3. The new Section 143-A empowers the Court trying an
offence under section 138 of N I Act (cheque dishonor
cases) to order the drawer of the cheque to pay interim
compensation to the complainant. The interim
compensation so payable shall be twenty percent of the
amount of the impugned cheque. Earlier, there was no
such relief available to the complainant under the Act.
4. Therefore, the applicant/complainant prefers the present
application thereby seeking the indulgence of this Hon’ble
Court to allow the instant application. That the present
case has been pending before this Hon’ble Court for the
last Two years, with now only the accused has made his
appearance before the Hon’ble Court.
5. That the present application is bona fide and the
applicant/complainant craves for the leave of the Hon’ble
Court to allow the same keeping in view the amendment
in the Act.
PRAYER
It is therefore, most respectfully prayed before this
Hon’ble Court may be pleased to allow the present
application thereby directing the accused to pay the
interim compensation of 20 % of the cheque amount of
Rs. 10,00,000/- in the interest of justice.
APPLICANT/COMPLAINANT
THROUGH COUNSEL
DATED:
PLACE: