Jitendra Kumar Soni S/O Arun Kumar ... vs Brahmanand Sharma S/O Mahesh ...
2022 Latest Caselaw 6350 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 1995/2020

Jitendra Kumar Soni S/o Arun Kumar Soni, R/o Chuligate,
Gangapur City, Distt. Sawaimadhopur.
                                                                  ----Petitioner
                                   Versus
Brahmanand Sharma S/o Mahesh Chand Sharma (Sewa Wala),
R/o Gandhi Colony, Shriniwas Mill, Behind Hr. Secondary School,
Gangapurcity.
                                                                ----Respondent

For Petitioner(s)        :     Mr. D. K. Dixit, Adv.
For Respondent(s)        :     Mr. Pradeep Mathur, Adv.
                               Mr. Paras Jain, Adv.

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order

23/09/2022

This Criminal Miscellaneous Petition has been filed by the

petitioner under Section 482 Cr.P.C. against the order dated

03.01.2020 passed by Additional District & Sessions Judge,

Gangapurcity in Criminal Appeal No.140/2019 whereby application

of suspension of sentenced under Section 389 Cr.P.C. filed by the

petitioner against the judgment dated 29.11.2019 passed by

Judicial Magistrate No.2, Gangapurcity by which petitioner has

been convicted for the offence under Section 138 of N.I. Act and

sentences for one year Simple Imprisonment and fine of Rs. 6 lacs

and in default of payment of fine 3 months simple imprisonment,

has been allowed and suspended the sentence of the petitioner

with the condition to deposit 20% amount of penalty amount i.e.

1,20,000/- before the trial court.

Learned counsel for the petitioner submits that respondent

has filed a complaint under Section 138 of Negotiable Instrument

(2 of 2) [CRLMP-1995/2020]

Act against the petitioner and petitioner was convicted by the trial

court vide order dated 29.11.2019. Petitioner had filed appeal

before Additional District & Sessions Judge, Gangapurcity.

Appellate Court vide order dated 03.01.2020 order to furnish

undertaking that petitioner would deposit 20% of fine amount as

Rs.1,20,000/- before the trial court within two months. Learned

counsel for the petitioner also submits that amendment in Section

148 of Negotiable Instruments Act was notified on 02.08.2018 and

complaint was pending before the trial court prior to amendment.

So, provision of amendment cannot be implicated retrospectively.

So, order of the trial court to deposit 20% of fine amount be

quashed.

Learned counsel for the respondent has opposed the

arguments advanced by learned counsel for the petitioner and

submitted that as per Gazette Notification, amendment in Section

148 can be implicated retrospectively. So, petition be dismissed.

I have considered the arguments advanced by learned

counsel for the petitioner as well as learned counsel for the

respondent and perused the impugned order.

It is an admitted position that petitioner was convicted after

the amendment in Section 148 of Negotiable Instruments Act. So,

in my considered opinion, trial court rightly directed to deposit

20% of fine amount before the trial court within two months. So,

present petition, being devoid of merits and liable to be dismissed.

Therefore, the Criminal Miscellaneous Petition stands

dismissed.

Stay application also stands disposed of.

(NARENDRA SINGH DHADDHA),J Jatin /91

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