G.J. Raja v. Tejraj Surana
Supreme Court of India(2019) 9 SCC 407The Supreme Court definitively held that the word "may" in Section 143A means that the grant of interim compensation is discretionary, not mandatory. A Magistrate is not bound to direct payment of interim compensation in every S.138 case. Before exercising the discretion, the court must (a) consider whether a prima facie case is made out, (b) take into account the financial position of the accused, and (c) record reasons for granting or refusing it. The provision is meant to balance the equities between parties during trial — not to penalise the accused before conviction. S.143A applies only to complaints filed after 1 September 2018 (the date the 2018 Amendment came into force) and has no retrospective effect.