Grant of Interim compensation u/s 143A of N.I. Act, 1881
1 The Authorized Signatory of the cheque is not the drawer in terms of section 143A of the N.I. Act and cannot be directed to pay interim compensation.
2 Interim compensation awarded u/s 143A of the N.I. Act cannot be recovered from the estate of a deceased accused, who died before the conclusion of the trial.
3 There is no obligation upon Court to order Interim compensation in every Case.
4 Right to cross examination cannot be taken away for failure of Accused to pay Interim compensation.
5 It is only where the accused “pleads not guilty”, that interim compensation under Section 143A can be granted.
6 While awarding Interim compensation, the Magistrate shall pass a speaking order about the reason why such an amount is fixed as interim compensation.
7 While awarding Interim compensation, the Magistrate is not obliged to give reasons.
8 Revision u/s 397 of CrPC maintainable to any order passed u/s 143A.
9 Opportunity of hearing must be given to Accused before passing order of Interim compensation.
10 Interim compensation ordered may be recovered as Public demand under Bihar & Orissa Public Demands Recovery Act.