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SATYENDRA KUMAR SINGH
Rajendra Kumar Jaat – Appellant
Versus
Lokendra Singh Sendhav – Respondent
Key Points:- The provisions of Section 143A are prospective in operation and can only be applied to offences under Section 138 that were committed after the introduction of Section 143A. (!) (!) - The impugned order directing deposit of 20% of the cheque amount under Section 143A is not sustainable when the cheques were issued prior to the enforcement of Section 143A, and money deposited must be returned. (!) (!) - The judgment aligns with the proposition that Section 143A cannot be applied with retrospective effect to cases where the offence under Section 138 was committed before its introduction. (!) - The petition is allowed and the applicant is entitled to have the deposited money returned, along with interest as applicable, in cases where the offence predated Section 143A. (!) - The decision references the need to interpret Section 143A as applicable only to post-introduction offences, affecting both trial and High Court orders accordingly. (!)
ORDER
1. This petition under Section 482 of Cr.P.C.has been preferred against the order dated 6.8.2018 passed by the Court of Judicial Magistrate First Class, Bagli, District Dewas in Cri.Complaint Case bearing No.SCNIA No.20/2018, whereby applicant was directed to deposit 20% of the cheque amount under Section 143A of Negotiable Instruments Act (for short 'N.I.Act').
2. Brief facts giving rise to this petition are that respondent filed a criminal complaint under Section 138 of N.I.Act against the applicant before the Court of Judicial Magistrate First Class, Bagli, District Dewas alleging that cheques bearing No.000054 dated 21.9.2017 amounting Rs.7,40,000/- and cheque bearing No.000055 dated 21.11.2017 amounting Rs.7,50,000/- were given by the applicant to the respondent in lieu of the dues in the light of the terms and conditions embodied under the agreement dated 27.8.2015, which was duly executed between the applicant and respondent for purchase of Tractor. On the said criminal complaint case bearing SCNIA No.20/2018 was registered against the applicant, wherein vide impugned order dated 6.8.2018 applicant was directed to deposit 20% of the cheque amount within sixty days from t
The provisions of Section 143A of the Negotiable Instruments Act are prospective in operation and can only be applied in cases where the offence under Section 138 of the Act was committed after the i....
Section 143-A of the Negotiable Instruments Act requires courts to evaluate both parties' merits before ordering interim compensation, emphasizing the necessity for reasoned decisions.
Section 143A of the Negotiable Instruments Act is prospective and cannot be applied to offences committed before its enactment.
The court emphasized the importance of considering the specific provisions of Section 143-A of the Negotiable Instruments Act when ordering interim compensation in cases of cheque dishonor.
Section 143A of the Negotiable Instruments Act is prospective only, affecting cases post-enactment.
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