2020 (1) TMI 1074

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....ary Criminal Case No. 1818/2018. By the impugned order, the learned Magistrate has allowed the application (Exh.24) filed on behalf of the respondent and directed the petitioner to deposit 20% amount of the cheques as compensation in the Court. 3.1 Following few facts giving rise to this writ petition will be necessary to decide the controversy : The respondent herein is the complainant who filed a complaint before the Court below alleging therein that the petitioner has committed an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "the N.I. Act" for short). According to the complaint, the respondent/ complainant is a Commission Agent and through her, during the period from 16.4.201....

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....he same time, liberty was granted to the respondent/complainant to move the application afresh. 5. After the plea was recorded, the respondent moved application (Exh.24) under Section 143A of the N.I. Act seeking direction against the petitioner to deposit 20% of the cheque amount in view of the amendment to the N.I.Act. The said application was contested, however, by the impugned order dated 05.7.2019 the application (Exh.24) is allowed. Hence, the present writ petition. 6. Mr. Khond, the learned counsel for the petitioner heavily relied on the decision of the Hon'ble Apex Court in the case of G. J. Raja v. Tejraj Surana [2019] 109 taxmann.com 7/155 SCL 454. buttress his submission that Section 143A of the N.I. Act is prospective in ....

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....e orders passed by the Trial Court as well as the High Court are required to be set aside. The money deposited by the Appellant, pursuant to the interim direction passed by this Court, shall be returned to the Appellant along with interest accrued thereon within two weeks from the date of this order." 9. Section 143A of the N.I. Act came in the statute book on 01.9.2018. Admittedly, the cheques in question were issued on different dates ranging from 27.4.2018 to 12.6.2018 i.e. prior to amendment. Even the return memo given by the banker of the petitioner intimating that the cheques issued by the petitioner cannot be honoured, is dated 06.7.2018. The statutory notice is given by the respondent on 26.7.2018 and it was received by the petitio....