Shantanu Singh S/O Late Sh. Himmat ... vs Govind Sahay Parik S/O Late Shiv ...
2022 Latest Caselaw 6682 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 6866/2019

Shantanu Singh S/o Late Sh. Himmat Singh, Aged About 47
Years, R/o 47, Imperial Apartment 201, Civil Lines Ramnagar
Choraha, Rajbhawan, Civil Lines, Jaipur, Raj.
                                                                      ----Petitioner
                                     Versus
Govind Sahay Parik S/o Late Shiv Sahay Parik, R/o S-62,
Ambabadi, Jaipur, Raj.
                                                                 ----Respondent

For Petitioner(s) : Mr. Naqvi Sehban, Adv.

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

14/10/2022

This Criminal Miscellaneous Petition under Section 482

Cr.P.C. has been filed by the petitioner against the order dated

01.02.2019 passed by the learned Additional District & Sessions

Judge No.7, Jaipur Metropolitan, Jaipur and the impugned order

dated 06.09.2018 passed by the learned Special Metropolitan

Magistrate (N.I. Act Cases) No.8 Jaipur, Metropolitan Jaipur.

Learned counsel for the petitioner submits that the

learned trial Court vide order dated 06.09.2018 wrongly ordered

for awarding interim compensation as 20% of cheque amount.

Learned counsel for the petitioners further submits that a

complaint was filed by the complainant on 22.02.2018.

Amendment in Negotiable Instruments Act was effected from

01.09.2018. So, amendment in Section 143A is prospective not

(2 of 2) [CRLMP-6866/2019]

impleaded as retrospective. So, order of the learned trial Court be

set-aside.

Learned counsel for the petitioner has placed reliance

upon the judgment of the Apex Court in Criminal Appeal

No.1160/2019 titled "G. J. Raja Vs. Tejraj Surana decided

on 30.07.2019.

I have considered the arguments advanced by learned

counsel for the petitioner.

It is an admitted position that the complaint filed by the

complainant prior to the amendment in Section 143A of the

Negotiable Instruments Act. The said amendment was effected

from 01.09.2018. So, in my considered opinion, the said

amendment is not applicable retrospectively. So, order of the

learned trial Court for awarding 20% as interim compensation is

liable to be set-aside.

Petition filed by the petitioner is allowed. Order of

awarding interim compensation as 20% of the cheque amount is

set-aside.

Stay application stands disposed of accordingly.

(NARENDRA SINGH DHADDHA),J

Gourav/67

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