FARJAND ALI
Sidharth Jain – Appellant
Versus
Nidhi Financial Services – Respondent
ORDER
1. By way of the instant miscellaneous petition, a challenge has been made to the order dated 04.04.2019 passed by the Special Magistrate No.7, Negotiable of Instruments Act Cases, Jaipur Metro Jaipur. Subsequently, the order dated 27.02.2020 was passed by the same Court on the ground that the order passed by the learned Court, vide order dated 04.04.2019 regarding payment of interim compensation is not in accordance with law. Counsel submits that in this matter, the complaint was lodged in the year 2017, the act constituting an offence had occurred by 2017, whereas, the concerned provision of under Section 143-A of the Act was came into effect from 01.09.2018. Therefore, the same shall not be applied retrospectively. Counsel place reliance on the judgment passed by the Hon'ble Supreme Court in G.J. Rana Vs. Tejraz Surana, in Criminal Appeal No.1160/2019 decided on 30.07.2019.
2. The matter requires consideration.
3. Learned counsel for the petitioner submits that since the order directing to deposit interim compensation is made by the Court to the accused and the same does not affect the right of the complainant in any manner. There would be no need to hear the complainant in t
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