T.S.Shanthi vs V.Ramakrishnan
2023 Latest Caselaw 477 Mad

Citation : 2023 Latest Caselaw 477 Mad
Judgement Date : 9 January, 2023

Madras High Court

T.S.Shanthi vs V.Ramakrishnan on 9 January, 2023

                                                                               Crl.OP.No.30281 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 09.01.2023

                                                         CORAM

                          THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN

                                                Crl.O.P.No.30281 of 2022


                  T.S.Shanthi                              ...Petitioner

                                          Vs.

                  V.Ramakrishnan                                  ... Respondent

                  PRAYER : This Criminal Original Petition is filed under Section 482 of
                  Cr.P.C., to set aside order dated 30.09.2022 passed in the Crl.M.P.No.7586 of
                  2022 in C.C.No.110 of 2016 pending on the file of learned Judicial Magistrate,
                  Fast Track Court, Alandur.


                                    For Petitioner       : Mr.K.Pradeep Raj
                                    For Respondent      : Mr.Adithyavaradarajan


                                                          ORDER

This Criminal Original Petition has been filed to set aside order dated

30.09.2022 passed in the Crl.M.P.No.7586 of 2022 in C.C.No.110 of 2016

https://www.mhc.tn.gov.in/judis Crl.OP.No.30281 of 2022

pending on the file of learned Judicial Magistrate, Fast Track Court, Alandur.

2.This Court on 08.12.2022, referring to the judgment of Hon'ble

Supreme Court in G.J.Raja Vs. Tejraj Surana in Crl.A.No.1160 of 2019

arising out of SLP(Crl.)No.3342 of 2019, observed that Section 143 A of the

Negotiable Instrument Act, 1881 can be applied or invoked only in cases where

the offence under Section 138 of the Negotiable Instrument Act, 1881 was

committed after the introduction of Section 143 A of the Negotiable Instrument

Act, 1881, in the Statute book. Therefore, it was observed that order passed by

the learned Fast Track Court, Alandur is illegal and is liable to be set aside.

Only to give an opportunity of hearing to the respondent, notice was ordered to

the respondent.

3.When the matter is taken up today, Mr.Adithyavaradarajan, learned

counsel appeared for the respondent. He conceded to the order passed by this

Court on 08.12.2022 and submitted that Section 143 A of the Negotiable

Instrument Act, 1881, can be applied and invoked only in cases where offence

under Section 138 of the Negotiable Instrument Act, 1881, is committed after

https://www.mhc.tn.gov.in/judis Crl.OP.No.30281 of 2022

introduction of Section 143 A of the Act in the Statute book. He further

submitted that the order passed by the learned Judicial Magistrate, Fast Track

Court, Alandur in Crl.M.P.No.7586 of 2022 may be set aside and the matter

may be decided on merits in C.C.No.110 of 2016.

4.Heard the learned counsel for the petitioner and respondent.

5.Hon'ble Supreme Court in G.J.Raja Vs. Tejraj Surana in

Crl.A.No.1160 of 2019 arising out of SLP(Crl.)No.3342 of 2019, observed as

follows:-

“24. In the ultimate analysis, we hold Section 143A to be prospective in operation and that the provisions of said Section 143A can be applied or invoked only in cases where the offence under Section 138 of the Act was committed after the introduction of said Section 143A in the statute book. Consequently, the orders passed by the Trial Court as well as the High Court are required to be set aside. The money deposited by the Appellant, pursuant to the interim direction passed by this Court, shall be returned to the Appellant along with interest accrued thereon within two weeks from the date of this order.”

6.It is clear that Section 143 A of the Act can be applied or invoked only

in cases where the offence under Section 138 of the Negotiable Instrument Act,

https://www.mhc.tn.gov.in/judis Crl.OP.No.30281 of 2022

1881 was committed after the introduction of Section 143 A of the Negotiable

Instrument Act, in the statute book. However, in the case before hand, the

learned Judicial Magistrate, Fast Track Court, Alandur, invoked Section 143-A

of the Negotiable Instrument Act, 1881, for the cheque issued on 02.04.2012.

Therefore, invoking Section 143 A of the Negotiable Instrument Act, 1881 and

directing the petitioner to pay the 10% of the cheque amount as interim

compensation is not appropriate and in accordance with law. Thus, the order

dated 30.09.2022 passed by the learned Judicial Magistrate, Fast Track Court,

Alandur, in Crl.M.P.No.7586 of 2022 in C.C.No.110 of 2016 is set aside. The

learned Judicial Magistrate, Fast Track Court, Alandur, is directed to dispose of

the case in C.C.No.110 of 2016 on merits and in the manner known to law,

preferably within a period of two months from the date of receipt of copy of

this order.

7.With the above direction, this Criminal Original Petition is disposed of.

09.01.2023

Index : Yes / No Speaking / Non Speaking order ep