Radhe Shyam Joshi vs State Of Rajasthan ...
2023 Latest Caselaw 8155 Raj

[2023:RJ-JD:33534]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 4962/2021

Radhe Shyam Joshi S/o Nathu Lal Joshi, Aged About 65 Years, B/c Brahmin, R/o H.no. 15/4, In Front Of Girls College, Gandhi Nagar, Chittorgarh (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Arvind Samdani S/o Chandmal Samdani, B/c Maheshwari, R/o House No. 195, Shastri Nagar, Chittorgarh (Raj.).

                                                                 ----Respondents


For Petitioner(s)          :    Mr. Vivek Sharma
For Respondent(s)          :    Mr. Shrawan Bishnoi, PP



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

                                     Order

07/10/2023

Instant misc. petition under Section 482 Cr.P.C. has been

filed by the petitioner against the order dated 08.01.2021, passed

by learned Additional Session Judge No.2, Chittorgarh whereby

the learned revisional court dismissed the revision preferred by

the petitioner and affirmed the order dated 29.11.2018 passed by

learned Special Judicial Magistrate (NI Act Cases), Chittorgarh

whereby the learned Judge allowed the application flied by the

respondent No.2 under Section 143A NI Act and directed the

petitioner to pay a sum of Rs.30,000/- (i.e. 5% of the cheque

amount) to respondent No.2 as interim compensation in view of

provisions of Section 143A of the NI Act within 60 days from the

date of order. By this petition, the petitioner also challenges the

order dated 29.11.2018, passed by the trial court.

[2023:RJ-JD:33534] (2 of 3) [CRLMP-4962/2021]

Learned counsel for the petitioner submits that the learned

trial court as well as learned revisional court have committed

grave error in directing the petitioner to pay interim compensation

to the respondent No.2 in view of provisions of Section 143A of NI

Act. Counsel submits that provisions of Section 143A of the Act

were inserted in the statute book on 01.09.2018 whereas the

complaint under Section 138 of the Act was filed by the

respondent No.2 in the year 2017, therefore the aforesaid

provisions would be applied prospectively, hence the aforesaid

amendment is not applicable in the present case and on this

ground, the orders impugned are liable to be quashed and set

aside. To buttress his contention, counsel has relied upon the

judgment of the Hon'ble Supreme Court in the case of G.J. Raja

Vs. Tejraj Surana, Criminal Appeal No.1160/2019, decided

on 30.07.2019.

Learned Public Prosecutor does not oppose the submissions

made by the counsel for the petitioner.

Heard the learned counsel for the petitioner and perused the

impugned orders as well as the judgment of the Hon'ble Supreme

Court.

In the case of GJ Raja (Supra), the Hon'ble Apex Court has

discussed the issue involved in the present case in detail and in

para 24 has held as under :

"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

[2023:RJ-JD:33534] (3 of 3) [CRLMP-4962/2021]

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."

In the present case, the complaint under Section 138 of NI

Act was filed by respondent No.2 in the year 2017 whereas,

provisions of Section 143A of the Act were inserted in the statute

book w.e.f. 01.09.2018. Thus, in view of the authoritative

pronouncement of the Hon'ble Supreme Court in the case of GJ

Raja (Supra), this Court is of the opinion that the learned courts

below have committed error in awarding interim maintenance in

favour of the complainant as the provisions of Section 143A of the

Act are to be applied prospectively and not retrospectively.

In view of above, the criminal misc. petition is allowed. The

impugned orders dated 08.01.2021 and 29.11.2018, passed by

the courts below directing the petitioner to pay interim

compensation of Rs.30,000/- to the complainant are set aside.

Stay application is also decided.

(MANOJ KUMAR GARG),J 491-MS/-

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