Aditi Kumari, GNLU Gandhinagar
Year - 2019
Name of the Case - G.J. Raja v. Tejraj Surana
Citation – AIR 2019 SC 3817; (2019) 19 SCC 469
Name of the Appellant – G.J. Raja
Name of the Respondent – Tejraj Surana
Facts of the case
There is a case consisting of two cheques issued by the appellant – accused, G.J. Raja, to the respondent – Complainant, Tejraj Surana, for amounts of ₹20,00,000 and ₹15,00,000. These cheques were issued and returned for lack of sufficient funds. The complaint was lodged on 4th Nov, 2016 u/s 138 of Negotiable Instruments Act, 1881 which deals with the dishonour of cheques.
An amendment to the Negotiable Instruments Act, 1881 in 2018 added Sec 143A where courts can provide interim compensation during pendency of the case. It was inserted by Act 20 of 2018 with effect from 1-9-2018.
While proceedings u/s 138 of Negotiable Instruments Act, 1881 was still pending, the Trial Court directed the appellant – accused to pay interim compensation at 20% as per Sec 143A. In appeal, the High Court reduced it to 15% but upheld the order passed by the Trial Court. Hence the appeal was made before the Supreme Court to challenge the final order passed by the High Court of Judicature at Madras, dated 8-2-2019, in G. J. Raja v. Tejraj Surana.
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