Mr. Justice K. Natarajan

Whether single complaint is maintainable for multiple cheques issued by the respondent/accused on the same cause of action – A Adinarayana Reddy Vs. S. Vijayalakshmi and Anr. – Karnataka High Court

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Whether single complaint is maintainable for multiple cheques issued by the respondent/accused on the same cause of action – A Adinarayana Reddy Vs. S. Vijayalakshmi and Anr. – Karnataka High Court Read Post »

It is mandatory under Sections 143(A) and 148(3) of Negotiable Instruments Act, 1881, on the part of the Trial Court as well as the First Appellate Court to impose interim compensation payable by the accused persons while challenging the case and judgment of sentence in the appeals – Sri. Lakshminarayana Vs. Sri. Lokesh L. – Karnataka High Court

Hon’ble High Court held that the order passed by the First Appellate Court is not correct, as it is settled position of law under Sections 143(A) and 148(3) of NI Act, it is mandatory on the part of the Trial Court as well as the First Appellate Court to impose interim compensation payable by the accused persons while challenging the case and judgment of sentence in the appeals. Even on perusal of Section 148 of the Act, a proviso is also there that this fine amount imposed by the First  Appellate Court is also in addition to the interim compensation paid by the appellant under Section 143(A) of the NI Act and there is time limit also prescribed by the Legislature to deposit the said amount within 60 days and another 30 days, if any delay is condoned if sufficient cause shown and Sub Section (3) of Section 148 clearly reveals that the Appellate Court may direct to release the amount deposited by the appellant to the complainant at any time during the pendency of the appeals. However, the proviso also states that if the accused succeed in the appeal, there shall be an order of refund of the said amount with interest prescribed by the R.B.I at the relevant time of the final order

It is mandatory under Sections 143(A) and 148(3) of Negotiable Instruments Act, 1881, on the part of the Trial Court as well as the First Appellate Court to impose interim compensation payable by the accused persons while challenging the case and judgment of sentence in the appeals – Sri. Lakshminarayana Vs. Sri. Lokesh L. – Karnataka High Court Read Post »

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