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2021 Supreme(HP) 545

SANDEEP SHARMA
Mahender Kumar Pathak S/o Shri Sant Ram – Appellant
Versus
Ramanjeet Chadha W/o Shri Amarjeet Singh Chandha – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mohar Singh.

ORDER :

1. Having regard to the nature of order proposed to be passed in the instant case, this Court sees no necessity to issue notice to the respondent, who in the event of notice being issued, shall be unnecessarily burdened to engage a lawyer to defend her before this Court.

2. Instant petition filed under Article 227 of the Constitution of India read with Section 482 of Cr.P.C. lays challenge to order dated 22.10.2021, titled as Smt. Ramanjeet Chadha vs. Sh. Mahender Kumar Pathak, whereby the learned court below while allowing application under Section 145(2) of the Negotiable Instruments Act (in short, ‘the Act’), having been filed by the petitioner-accused (hereinafter ‘accused’) also directed him to deposit interim compensation to the tune of Rs. 42,600/- i.e. equivalent to 15% of the amount in cheque, within a period of sixty days.

3. Precise question, which needs to be adjudicated in the present case, is “whether the provisions of Section 143-A of the Act are prospective in operation and same can be applied to the proceedings, which were pending adjudication prior to introduction of the aforesaid provision in the statute books.”

4. Grouse of the petitioner is that since the a

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