Cheque bounce case – Opportunity of hearing – Trial Court granted interim compensation u/s 143(A) just in a routine manner and there is no application of mind as to why the said compensation has to be awarded – No opportunity was given to the petitioner to file his response, before passing of the impugned order – Trial Court misread Section 143(A) and treated the said provision as mandatory in nature, whereas the legal position is otherwise – Matter remanded back to learned Trial Court to dispose of the matter regarding grant of interim compensation to the complainant in accordance with law.

(P&H HC) Decided on: 28.04.2022