Kasam Yakub Ladak vs State Of Gujarat
2021 Latest Caselaw 2311 Guj

        R/SCR.A/1387/2021                                  ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/SPECIAL CRIMINAL APPLICATION NO. 1387 of 2021

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                            KASAM YAKUB LADAK
                                   Versus
                             STATE OF GUJARAT
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Appearance:
MS TASNIM A ZABUAWALA(10756) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR MANAN MEHTA, APP for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE B.N. KARIA

                              Date : 12/02/2021

                               ORAL ORDER

By way of present application, the applicant has prayed to

quash and set aside the impugned order dated 08.01.2020 passed

below Exh.22 in Criminal Case No.995 of 2018 pending in the

Court of learned Additional Civil Judge and Additional Chief

Judicial Magistrate, Anjar, Dist.: Kutch and has further prayed to

stay further proceedings thereto.

Heard learned advocate for the applicant.

It is submitted by learned advocate for the applicant that in

Criminal Case No.995 of 2018 filed by the respondent no.2, learned

Trial Judge has passed an order to deposit 20% of the cheque

amount as per Section 143A of the Negotiable Instruments Act,

R/SCR.A/1387/2021 ORDER

1881 by way of interim compensation below Exh.:22. That the

amendment in the Act vide Section 143A was effected from

01.09.2018 and the complaint was filed on 28.08.2019. In support

of his arguments, learned advocate for the applicant has relied

upon the judgment of the Hon'ble Supreme Court in the case of

G.J. Raja Vs. Tejraj Surana reported in AIR (SC) 3817: 2017

Cr.L.J. 4267.

Issue requires consideration.

Hence, Notice, returnable on 09.04.2021. Learned APP

waives service of notice for and on behalf of the respondent­State.

The impugned order passed below Exh.22 directing the

applicant to deposit 20% amount of the cheque by way of interim

compensation shall be stayed till the returnable date.

Registry is directed to send a copy of this order to the

concerned authorities through fax or email forthwith.

(B.N. KARIA, J) rakesh/