Regarding The Interim Compensation Under Sec 143a...

918 votes

hello client hru as i can read ur issue is seems to be very much misconducted fellow who have done it with you . yes it can challenged and yes offcourse it can prevented by the court to sllow the intrim conpensation . but for we need to go to court as well as to the high court also. onething more if this fellow files a case we can challanges the whole case also. and get him punish for filling false case in court in which he have to go jail for 10 years.

Advocate Vishwanath Pratap Singh LawRato

762 votes

He CANNOT claim interim compensation in a mechanical manner. I am emphasis on this again interim compensation is not so easy to claim especially in your case where he has paid you 3.5 lac and you have also returned his 2.5 lac. This is all part of hard evidence as the transaction was done vide bank transfer, now he suddenly claiming 15 lac. 1. The basis of cheque bounce case is that there should be a legally payable DEBT and complainant would be required to prove before court that there was a legally payable debt amounting to Rs 15 lac. 2. I will now explain it to you the stage of cheque bounce case and at what stage interim compensation is granted. When a cheque is dishonoured the complainant has to send you legal notice within 30 days of dishonour of cheque and in legal notice he has to provide you 15 days time to settle the issue, complainant then within 30 days of the expiry of those 15 days have to file a complaint before court. After a complaint is filed the accused is summoned and he takes bail. Next he is made to plead guilty or not guilty after this court frames notice against the accused . It is only after framing of notice the complainant moves a 143A application seeking interim compensation. 3. When the complainant moves an application seeking interim compensation accused is given the opportunity to oppose the application, it is then where the accused can raise the defence of misuse of security cheques and show to court that there is no reason accused owes 15 lac to the complainant as there is no transaction of the said amount. The complainant will be required to to show to court how you owed him 15 lac. Therefore court after looking into the defence of the accused can reject the application for interim compensation and proceed further. Therefore interim compensation is granted only in cases where on the face of the case it's apparent that the accused owes a debt and is at default, its not granted in all cases. HOPE IT HELPS.

LawRato LawRato

966 votes

hello sir, kya aapka koi agreement Bana tha loan amount ke regarding mein. Becoz cheque bounce ke mamle mein court evidence mangti hai. jiska proof hai sirf us si pe case Lada jaata hai. jab loan amount hi 3.5 lakhs ka ho toh usse zyada amount cheque pe kaise likh sakte hai ?

Advocate Megha Mary Thomas LawRato