CRR 2390 of 2023 Form J(2) IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE Present: THE HON’BLE JUSTICE AJAY KUMAR GUPTA CRR 2390 of 2023 JOGENDRA KUMAR GANORIA VS. STATE OF WEST BENGAL & ANR. For the Petitioner : Mr. Uddipan Banerjee, Adv. Mr. Subhra Kanti Samanta, Adv. Heard on : 21.09.2026 Judgment on : 21.09.2026 Uploaded on : 22.09.2026 (In court) AJAY KUMAR GUPTA, J.: 1. Affidavit-of-service, filed on behalf of the petitioner in court, is taken on record. 2. None appears on behalf of the opposite parties. 3. By filing this Criminal revisional application under Section 401 of the Code of Criminal Procedure, 1973, the petitioner assailed the order CRR 2390 of 2023 dated 12.06.2023 passed by the learned Judicial Magistrate, 5th Court, Howrah, in Complaint Case No. 228/2021 filed under Section 138 of the Negotiable Instruments Act, 1881, as amended thereof. 4. By the said impugned order, the Trial Court rejected the application filed under Section 143A of the Negotiable Instruments Act, whereby the petitioner/complainant prayed for interim compensation during pendency of the proceedings under Section 138 of the Negotiable Instruments Act. 5. The facts, essential for disposal of the case, are that a proceeding under Section 138 of the Negotiable Instruments Act, 1881 (In short, ‘N.I. Act’) was initiated by the complainant for discharge of the legal debt and/or lawful liability of the accused. Under such alleged debt and/or liability, the opposite party no. 2 issued cheque no. 067721 dated 24.02.2021 drawn on Indian Overseas Bank, Howrah Branch to the tune of Rs. 1,41,000/- in favour of the complainant. The said cheque was presented before the concerned Bank, but the same was dishonoured with the endorsement ‘funds insufficient’ vide cheque return memo dated 25.02.2021. Notice was issued as per the provisions of the Act, and subsequently, a complaint case has been filed under Section 138 of N.I. Act against the opposite party no. 2 before the court when he failed to pay the cheque amount. During pendency of the proceedings, an application under Section 143A was CRR 2390 of 2023 filed praying for interim compensation. However, the same was rejected. Hence, this revisional application. 6. The learned Counsel appearing on behalf of the petitioner submits that the learned Trial Court did not consider the actual implication of the provision for granting interim compensation under Section 143A of the N.I. Act. Such provision provides for payment up to 20% of the cheque amount. However, the Trial Court did not allow any interim compensation in favour of the petitioner, based on the stage of proceedings fixed for evidence. A specific direction was passed by the Single Judge of this Hon’ble High Court in another revisional application being CRR/3566/2022 to dispose of the proceedings as expeditiously as possible within six months. The case is still pending for disposal despite specific direction; as such, the order impugned is liable to be dismissed. 7. Before deciding this case, this court would like to quote Section 143A of the N.I. Act. Section 143A of the N.I. Act reads as under:- “Section 143A: Power to direct interim compensation. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the Court trying an offence under section 138 may order the drawer of the cheque to pay interim compensation to the complainant— (a) in a summary trial or a summons case, where he pleads not guilty to the accusation made in the complaint; and (b) in any other case, upon framing of charge. (2) The interim compensation under sub-section (1) shall not exceed twenty per cent of the amount of the cheque. Page 4 of 6 CRR 2390 of 2023 (3) The interim compensation shall be paid within sixty days from the date of the order under sub-section (1), or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the drawer of the cheque. (4) If the drawer of the cheque is acquitted, the Court shall direct the complainant to repay to the drawer the amount of interim compensation, with interest at the bank rate as published by the Reserve Bank of India, prevalent at the beginning of the relevant financial year, within sixty days from the date of the order, or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the complainant. (5) The interim compensation payable under this section may be recovered as if it were a fine under section 421 of the Code of Criminal Procedure, 1973 (2 of 1974). (6) The amount of fine imposed under section 138 or the amount of compensation awarded under section 357 of the Code of Criminal Procedure, 1973 (2 of 1974), shall be reduced by the amount paid or recovered as interim compensation under this section.” 8. Having heard the submission of the learned Counsel for the petitioner and on perusal of the impugned order as well as the provisions of Section 143A of N.I. Act, this Court finds that the provision for allowing interim compensation is not mandatory. It is a wholly discretionary and directory power vested in the Trial Court, considering the facts of each case. The Trial Court may direct payment of interim compensation in favour of the complainant if it deems fit and proper, directing the accused to pay interim compensation up to 20% of the cheque amount during a cheque bounce trial. The Trial Court must apply its judicial mind and record reasons. 9. Upon careful perusal of the impugned order, it appears that the petitioner earlier filed a revisional application for expeditious disposal of the proceedings before this Hon’ble High Court, and upon hearing, CRR 2390 of 2023 the Co-ordinate Bench of this Hon’ble High Court directed the Trial Court to complete the evidence as early as possible within six months. Despite such order, the petitioner filed an application under Section 143A of the N.I. Act, and the Trial Court observed that despite the specific direction of the Hon’ble High Court, such application was filed only to drag the matter, when the date was fixed for evidence. 10. The Trial Court also noted that the examination-in-chief of P.W. 1 was completed and cross-examination was in progress as the court thought the proceeding may have been disposed of within a short period of time adopting summary trial. 11. Considering the overall facts, order as well as the provision stipulated under section 143A of the N.I. Act, this Court is of the view that the Trial Court has applied its discretionary power and rejected the prayer for interim compensation considering the facts and stage of the proceeding. The complaint does not aver a relationship and/or transaction prior to issuance of the cheque by and between the parties; as such, the impugned order passed by the Trial Court is found reasonable and sound, and the same calls for no interference. However, it is made clear that this Court does not wish to enter into the merits of the case. The learned Counsel also informed this Court that the cross-examination of P.W.1 has not been completed yet despite the direction by the Hon’ble High Court. Page 6 of 6 CRR 2390 of 2023 12. Consequently, the Trial Court is directed to expedite the trial and come to a logical conclusion, independently and in accordance with law, without granting any unnecessary adjournment to the parties, and without being influenced by any of the observations made by this Court in this judgment. This Court hopes and trusts that the Trial Court shall expedite the trial and decide the same as expeditiously as possible. 13. With the above observation, CRR/2390/2023 is disposed of. Connected applications, if any, stand disposed of. 14. Interim order, if any, stands vacated. 15. Let a copy of this order be communicated to the learned Trial Court for information. 16. All parties are to act on the server copy of this order duly downloaded from the official website of the Calcutta High Court. 17. Urgent xerox certified copy, if applied for by the parties, same shall be supplied upon compliance of the necessary formalities. (AJAY KUMAR GUPTA, J.) Srimanta