Rahul Stone Company vs Krishna Impex
2021 Latest Caselaw 10026 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 274/2020

Rahul Stone Company, Through Its Proprietor Dinesh S/o Ram Nath, Aged About 38 Years, By Caste Yadav, R/o Prem Nagar, P.s. Udhyog Nagar, Kota (Rajasthan).

----Petitioner Versus Krishna Impex, Through Its Proprietor Shri Punit Tak S/o Shri Madan Tak, R/o Pathik Nagar, Bijoliya, District Bhilwara (Rajasthan).

----Respondent

For Petitioner(s) : Mr. Shambhoo Singh Rathore For Respondent(s) : Mr. Arun Kumar, PP

HON'BLE MR. JUSTICE SANDEEP MEHTA

Order

05/07/2021

Learned counsel Shri Shambhoo Singh Rathore states that

the order passed by the appellate court requiring the petitioner to

deposit 20% of the fine amount (Rs.1,07,000/-) is absolutely

unjust and illegal because the said direction has been given in

reference to Section 148 (1) of the N.I.Act, which was introduced

vide Amendment Act N.20/2018 which came into force from

01.09.2018. The case at hand was instituted against the petitioner

in the year 2014 and hence, the procedure of Section 148 of the

N.I. Act, could not be applied to the petitioner's case by the

appellate court because the effect of the said provision is not

retrospective as has been held by the Hon'ble Supreme Court in

the Surinder Singh Deswal & Ors. Vs. Virender Gandhi

reported in AIR 2020 SC 415.

(2 of 2) [CRLR-274/2020]

The submission so advanced by the petitioner's counsel is

fortified from the judgment delivered by the Hon'ble Supreme

Court in the case of Surinder Singh Deswal (Supra).

In this background, the impugned order dated 04.12.2019

passed by the learned Sessions Judge, Bhilwara in Criminal Appeal

No.01/2020 is quashed and set aside to the extent of the

direction as has been given to the petitioner to deposit a sum of

Rs.1,07,000/- i.e. 20% of the fine amount in lieu of the

suspending the sentences awarded to him by the trial court. The

remaining part of the order under challenge is maintained. The

appellate court shall decide the appeal on merits within next four

months.

The revision petition is allowed accordingly.

(SANDEEP MEHTA),J

61-/mamta/-

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