Serial No. 19 Regular Cause List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) 180/2022 CrlM(584/2022) MUBASHIR MANZOOR …Petitioner (s) Through: None VERSUS MANZOOR AHMAD MIR Through: Mr. Abid Hamid, Advocate …Respondent(s) CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE. ORDER 06-06-2026 1. The petitioner, through the medium of this petition, has challenged order dated 11.04.2022 passed by learned Chief Judicial Magistrate, Srinagar, whereby, while considering an application under Section 143-A of the N.I Act filed by the respondent herein, the learned Trial Magistrate has awarded compensation to the tune of 20 per cent of the cheque amount in favour of the respondent. 2. I have heard learned counsel for the respondent and perused the record of the case. 3. It is apparent from a perusal of the impugned order that the learned Trial Magistrate has, without recording the plea of the accused under Section 251 of the Cr.P.C., proceeded to pass a direction for payment of compensation of 20 per cent of the cheque amount in favour of the respondent. Under the provisions contained in Section 143-A of the Negotiable Instruments Act, the Court trying an offence under Section 138 of Negotiable Instruments Act has been vested with the power to order the drawer of the cheque to pay interim compensation to the complainant where the accused pleads not guilty to the accusation made in the complaint. In the present case, the learned Trial Magistrate, without recording plea of the accused under Section 251 of the Cr.P.C., has proceeded to pass the impugned order, which is contrary to the procedure prescribed under Section 143- A of the Negotiable Instruments Act. The order impugned is therefore, not sustainable in law. 4. In view of the above, the petition is allowed and the impugned order dated 11.04.2022 passed by the Chief Judicial Magistrate, Srinagar, is set aside. 5. The learned Trial Magistrate shall, however, be at liberty to consider the application of respondent for grant of interim compensation under Section 143- A of Negotiable Instruments Act afresh at the appropriate stage after hearing both the parties. (Sanjay Dhar) Judge SRINAGAR 06-06-2026 Aadil