The provisions of Section 143-A of the Negotiable Instruments Act are prospective, impacting the applicability of charges framed under Section 138.

1. Petitioners have filed this petition under Section 482 of Cr.P.C. challenging the order dated 18-09-2018 passed by JMFC, Gwalior in case No.651/2018 whereby charge under Section 138 of Negotiable Instrument Act has been framed against the petitioners/ accused and he has been directed to deposit Rs.1,40,000/- which is 20% of the total amount of Rs.7,00,000/-. Against the said order, petitioners have preferred revision before the Sessions Court and the Sessions Court vide order dated 26-06-2023 has dismissed the revision on the ground of limitation, hence, the instant petition has been preferred.

2. Learned counsel for the petitioners submits that as per the complaint, offence is stated to have committed on 16-03-2018 whereas Section 143-A of the Negotiable Instrument Act has been introduced in the Statue w.e.f. 01-09- 2018. The Apex Court in the case of G.J. Raja Vs. Tejraj Surana passed in Criminal Appeal No.1160 of 2019 has held that effect of Section 143-A is prospective in nature therefore, the learned trial Court has wrongly directed petitioners to deposit 20% of the amount in pursuance to the provisions of Section 143 of NI Act.

3. Learned counsel appearing on behalf of the respondent/ complainant submits that he is not disputing applicability of aforesaid provision of law but there is no justification as regards delay caused in challenging the order passed by JMFC. Petitioners have not placed the correct facts before the revisional Court as well as before this Court, therefore, petitioners are not entitle for any indulgence by this Court under Section 482 of Cr.P.C. 4. Heard. 5 . Admittedly, there is huge delay in filing the revision challenging the order dated 18-09-2018 passed by JMFC, Gwalior that too when the order was passed in presence of the petitioners/ accused but the fact remains that effect of provisions of Section 143-A are prospective in nature as held by the Hon'ble Apex Court in the case G.J. Raja (supra). Complaint is pending since 2018 and this provision has been introduced for protection of the complainant w.e.f. 01-09-2018 hence, the impugned order 18-09-2018 (Annexure P-III) passed by JMFC, Gwalior is hereby set aside with the cost of Rs.10,000/- to be paid by the petitioners/ accused to the respondent/ complainant.

6. Trial is pending since 2018, therefore, JMFC, Gwalior is directed to expedite the trial of the case.

7. With the aforesaid, petition stands disposed of.