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143A

This document is an application filed in court requesting interim compensation in a cheque bouncing case. There was a recent amendment to the Negotiable Instruments Act allowing courts to order the drawer of a bounced cheque to pay 20% of the cheque amount as interim compensation to the complainant. The applicant is seeking such interim compensation of 20% of the Rs. 10,00,000 cheque amount in this long-pending case that has been before the court for over two years. The applicant argues that this interim relief is now available under the amended law and should be granted in the interest of justice.
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64% found this document useful (11 votes)
26K views3 pages

143A

This document is an application filed in court requesting interim compensation in a cheque bouncing case. There was a recent amendment to the Negotiable Instruments Act allowing courts to order the drawer of a bounced cheque to pay 20% of the cheque amount as interim compensation to the complainant. The applicant is seeking such interim compensation of 20% of the Rs. 10,00,000 cheque amount in this long-pending case that has been before the court for over two years. The applicant argues that this interim relief is now available under the amended law and should be granted in the interest of justice.
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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:

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