Kanika
ABOUT 138 N.I ACT AMENDMENT. ( COMPENSATION TO COMPLAINANT'S) !
Kanika bhardwaj 11 Sep 2018

ABOUT 138 N.I ACT AMENDMENT. ( COMPENSATION TO COMPLAINANT'S)  !

The new amendment in 138 NI Act has introduced a new section 143A in the act which has given powers to judges to:

1- Grant interim compensation to complainant. 2- Interim compensation has to be paid by accused within 60 days of order. 3- The amount can be recovered in any manner as per law. 4- The court also have powers by virtue of section 148, that court may order accused to pay 20% of the cheque amount in court and that amount can be released by complainant as per the direction. It must be noted that in case the accused won the case and comes out clean, the complainant has to return the amount along with the interest as rates prescribed by RBI. HOW TO CLAIM INTERIM COMPENSATION: On behalf of the complainant, an application will be filed before Hon'ble Court through their counsel to claim interim compensation. The court will then decide the application will either: 1- Direct accused person to pay compensation directly to the complainant in his bank account/ DD or: 2- Will order to deposit certain amount not exceeding 20% of the total amount before the Hon'ble Court which can be released by complainant. THANK YOU KANIKA BHARDWAJ ADVOCATE, NEW DELHI +91-9582000415 MAIL ID- KANIKABHARDWAJLAWFIRM@GMAIL.COM

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