The interim compensation under section 143A of the Negotiable Instrument Act, 1881 is provided for the complainant in the cheque bounce matter.
Click here to download the format of the application under section 143A
The format of the application under section 143A of the Negotiable Instrument Act, 1881 for the recovery of 20% amount of the cheque is given as below;
BEFORE THE HONOURABLE COURT OF 3rd Jt. JUDICIAL MAGISTRATE FIRST CLASS AT OSMANABAD
S.C.C. NO. _________ OF 20___.
CLAIM: An Application U/S. 143A of N.I. Act, 1881.
1) That the above noted case is pending before this Hon’ble Court and today the date is posted for_____________.
2) That the sec. 143A inserted in N.I. Act, 1881 vide amendment dated 01.09.2018.
Section 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 cheque amount.
(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.
3) That the applicant submits that as per the insertion of new section 143A of N.I. Act, the complainant is entitled to interim compensation of 20% of the amount of the cheque. Hence, this Hon’ble Court is empowered to direct the accused to interim compensation to the complainant as per the amended provision of section 143A of N.I. Act, so it is just and necessary to direct the accused to pay interim compensation to the extent of 20% of the cheque amount to the complainant in the interest of justice.
Hence It Is Prayed
The application may kindly be allowed and the accused may kindly be directed to pay interim compensation 20% of the cheque amount as per the amended section 143A of the N.I Act.