Rajasthan High Court
Columbus Overseas Llp vs State Of Rajasthan on 19 September, 2022
Bench: Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 2360/2019
1. Columbus Overseas Llp, Address (1) 16, Govind Marg,
Rajapark, Adarsh Nagar, Jaipur-302004. (2) Shivgyan
Luxora, Plot No.g-2, Rajmahal Scheme, Parivahan Marg, C
Scheme, Jaipur 302001, Through Partner Sh. Umang
Sawalka S/o Suresh Sawalka, Aged 29 Years.
2. Umang Suresh Sawalka S/o Suresh Sawalka, Aged About
29 Years, Partner Columbus Overseas Llp, Address (1) 16,
Govind Marg, Rajapark, Adarsh Nagar, Jaipur-302004. (2)
Shivgyan Luxora, Plot No.g-2, Rajmahal Scheme,
Parivahan Marg, C Scheme, Jaipur 302001.
3. Vimla Devi Vinod Sawalka, Partner Columbus Overseas
Llp, Address (1) 16, Govind Marg, Rajapark, Adarsh
Nagar, Jaipur-302004. (2) Shivgyan Luxora, Plot No.g-2,
Rajmahal Scheme, Parivahan Marg, C Scheme, Jaipur
302001.
4. Urmila Devi Suresh Sawalka, Partner Columbus Overseas
Llp, Address (1) 16, Govind Marg, Rajapark, Adarsh
Nagar, Jaipur-302004. (2) Shivgyan Luxora, Plot No.g-2,
Rajmahal Scheme, Parivahan Marg, C Scheme, Jaipur
302001.
5. Suresh Bajrang Lal Sawalka, Partner Columbus Overseas
Llp, Address (1) 16, Govind Marg, Rajapark, Adarsh
Nagar, Jaipur-302004. (2) Shivgyan Luxora, Plot No.g-2,
Rajmahal Scheme, Parivahan Marg, C Scheme, Jaipur
302001
----Petitioners
Versus
1. State Of Rajasthan, Through Pp, Rajasthan High Court,
Jaipur Bench, Jaipur.
2. Sameer Kumar Nangia @ Sameer Nangia S/o Sh.
Surendra Kumar Nangia B/c Punjabi, Aged About 40
Years, R/o 508/6, Rajapark, Jaipur.
----Respondents
(2 of 3) [CRLMP-2360/2019]
For Petitioner(s) : Mr. Harish Agarwal, Adv.
For Respondent(s) : Mr. Atul Sharma, PP
Mr. Rohan Jain, Adv.
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
19/09/2022
This Criminal Miscellaneous Petition under Section 482
Cr.P.C. has been filed by the petitioners for quashing of impugned
order dated 13.02.2019 passed by the learned Special
Metropolitan Magistrate (NI Act Cases) No.2, Jaipur Metropolitan.
Learned counsel for the petitioners submits that the
learned trial Court vide order dated 13.02.2019 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 01.06.2018.
Amendment in Negotiable Instruments Act was effected from
01.09.2018. So, amendment in Section 143A is prospective not
impleaded as retrospective. So, order of the learned trial Court be
set-aside.
Learned counsel for the petitioners 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.
Learned counsel for the complainant as well as learned
Public Prosecutor have opposed the arguments advanced by
learned counsel for the petitioners.
(3 of 3) [CRLMP-2360/2019]
I have considered the arguments advanced by learned
counsel for the petitioners, learned Public Prosecutor as well as
learned counsel for the complainant.
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/90
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