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Patna High Court

Aaquil EqubalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The order directing payment of interim compensation under Section 143(A) is interlocutory and not subject to revision; the revision petition is therefore disposed.

Summary

The petitioner, Aaquil Equbal, was convicted under Section 138 of the Negotiable Instruments Act for issuing a dishonoured cheque and was ordered by the Additional Chief Judicial Magistrate‑VII, Patna, to pay interim compensation of 20% of the cheque amount, i.e., Rs 3 lakhs. He filed a criminal revision challenging the order, alleging that the cheque showed a discrepancy between figures and words, that the parties were relatives, and that the trial court had not properly assessed the suspicious nature of the cheque. The respondent (opposite party No. 2) contended that the matter was now infructuous because the petitioner had already complied with the payment. The High Court examined Section 143(A) of the Negotiable Instruments Act, noting that the provision allows a discretionary, interlocutory order of interim compensation which is payable by the drawer and refundable if acquitted. The Court held that such an interlocutory order is not amenable to revision and, since the payment had already been made, there was nothing further to adjudicate. Consequently, the revision petition was disposed of.

Issues considered

  • Whether an order directing payment of interim compensation under Section 143(A) of the Negotiable Instruments Act is interlocutory and therefore not maintainable for revision
  • Whether a revision petition can be entertained after the petitioner has already complied with the interim compensation order

Legislation cited

Subjects

  • Negotiable Instruments Act
  • Section 138
  • interim compensation
  • revision
  • interlocutory order
  • criminal procedure
  • cheque dishonour
  • payment of compensation

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                           CRIMINAL REVISION No.738 of 2025
     Arising Out of PS. Case No.-8464 Year-2023 Thana- PATNA COMPLAINT CASE District-
                                              Patna
     ======================================================
     Aaquil Equbal S/o- Md. Equbal, Resident of Darji Mohalla, Jama Masjid,
     Gola Road, P.O.- Tairpur, P.S.- Tairpur, Dist- Samastipur.
                                                                ... ... Petitioner
                                          Versus
1.    The State of Bihar
2.    Md. Mahtab Alam S/o- Md. Noor Alam, R/o- Alam Lodi Katra, Garhi Par,
      Near Tubaday School, PO- Khajekalan, PS- Khejekalan, Patna City, Dist-
      Patna.
                                                          ... ... Respondents
     ======================================================
     Appearance :
     For the Petitioner        :      Mr. Ambuj Kumar Chandra, Advocate
     For the State             :      Mr. Prem Kumar Jha, APP
     For the OP No. 2          :      Mr. Rizwanul Jama Kha, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                           ORAL JUDGMENT
      Date : 07-07-2026

                          The matter was heard via video conferencing

      mode.

                          2. Heard learned counsels for the parties.

                          3. The instant revision petition has been filed

      against the order dated 24.05.2025 passed by learned Additional

      Chief Judicial Magistrate-VII, Patna in connection with

      Complaint Case No. 8464(C) of 2023, whereby and whereunder

      the petitioner / accused was directed to make payment of 20%

      of the amount of money of dishonoured cheque, i.e. rupees three

      lakhs.

                          4. Learned counsel for the petitioner submits that

      without assessing the facts of the case properly and despite
Patna High Court CR. REV. No.738 of 2025 dt.07-07-2026
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         suspicious nature of dishonoured cheque, the learned trial Court

         forced the petitioner to make payment of 20% of the amount

         which is not proper. Learned counsel further submits that the

         cheque contains different amount in words and in figures. In

         figures it mentions only rupees one lakh and fifty thousand

         whereas in words it is written as fifteen lakhs. It shows the

         suspicious nature of the cheque. Unless proof comes to the fore

         that the opposite party no. 2 gave rupees fifteen lakhs to the

         petitioner and he brings evidence in support of his claim, no

         order could be passed directing the petitioner to make payment

         of the 20% of the compensation amount. Learned counsel also

         submits that petitioner and opposite party no. 2 are relatives and

         the Court did not consider the probability of misuse of cheque

         by the opposite party no. 2. It appears that opposite party no. 2

         somehow got a single cheque and committed a mischief by

         presenting the same. Therefore, the impugned order is not

         sustainable.

                         5. On the other hand, learned counsel for the

         opposite party no. 2 submits that the matter has become

         infructuous as the petitioner has already made the payment of

         20% of the amount, i.e. rupees three lakhs and the trial is at its

         final stage. Therefore, learned counsel submits that the present
Patna High Court CR. REV. No.738 of 2025 dt.07-07-2026
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         revision petition be dismissed.

                         6. I have perused the record.

                         7. Section 143(A) of the NI Act reads as under:

                                “Notwithstanding anything contained in the
                         Code of Criminal Procedure, 1973, 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 percent of the
                         amount of the cheque.

                                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).
Patna High Court CR. REV. No.738 of 2025 dt.07-07-2026
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                                 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. The provision of Section 143(A) of NI Act

         allows interim compensation to the complainant provided that if

         the accused pleads not guilty to the accusation made in the

         complaint in a summary trial or summons case. The said

         provision also makes it clear that 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 60 days from

         the date of the order or within further period not exceeding

         thirty days as may be directed by the Court on sufficient cause

         being shown by the complainant. So it is very much clear that

         the grant of interim compensation is a judicial discretion of the

         Court and the said compensation is to be paid on the orders of

         the Court by the drawer of the cheque to the complainant when

         he pleads not guilty to the accusation; of course in summary

         trial or summons case, and in any other case, upon framing of

         charge. Moreover, it has also been made clear that in case the

         drawer of the cheque is acquitted, interim compensation so
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                      made would be repaid to the drawer on prevailing rate of

                      interest. Therefore, the nature of the order under Section 143(A)

                      is interlocutory and there is no finality attached to it. If the order

                      is interlocutory, no revision is maintainable against such order.

                      Furthermore, the petitioner has already made the payment of the

                      interim compensation amount and now this Court would not

                      turn the clock back. It also appears the reason for the petitioner

                      to continue the criminal revision is only to get some favourable

                      order from this Court to help him in the trial Court.

                                      9. Be that as it may, as the order appears to be

                      interlocutory and further the petitioner has already made the

                      payment in terms of the impugned order, nothing remains in the

                      matter and hence the present revision petition stands disposed

                      of.


                                                               (Arun Kumar Jha, J)

Shahnawaz/-
AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          09.07.2026
Transmission Date       09.07.2026


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