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2015 Supreme(HP) 1370

P.S.RANA
Amar Chand – Appellant
Versus
Bhagat Ram – Respondent


Advocates:
Advocate Appeared:
For the petitioners:Mr. Pradeep K. Gupta, Advocate.
For the Non-petitioner:Mr. Jeet Ram Poswal, Advocate.

JUDGMENT :

P.S. Rana, J.

1. Heard. Present petition filed under Article 227 of the Constitution of India read with Section 482 of Code of Criminal Procedure assailing the order passed by learned Judicial Magistrate 1st Class, Bilaspur dated 02.03.2015 in Criminal Complaint No. 195/2 of 2013 titled as Amar Chand & others vs. Bhagat Ram filed under Section 138 read with Section 142 of The Negotiable Instrument Act, 1881. Learned trial court returned complaint in view of ruling announced by Hon’ble Supreme Court of India reported in J.T-2014 (9) SC 81 titled Dashrath Roop Singh Rathore vs. State of Maharashtra. After the decision of the Hon’ble Supreme Court of India, President of India promulgated Ordinance dated June 15th, 2015 relating to The Negotiable Instruments Act 1881, operative part is quoted as under in toto:

2. “142A. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 or any judgment, decree, order or directions of any court, all cases arising out of Section 138 which were pending in any Court whether filed before it or transferred to it before the commencement of Negotiable Instrument (Amendment) Ordinance 2015 shall be transferred to the court ha





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