CHANDRAKANT RATILAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr. Panam C. Soni, learned advocate for the applicant submitted that the applicant is before this Court challenging the condition imposed by the learned 2nd Additional District & Sessions Judge, Ahmedabad (Rural), on 22/4/2021 in Criminal Revision Application No. 67 of 2021 directing the applicant to pay 20% of the cheque amount which is Rs.3,50,000.00.

(2.) This Court concurs with the submissions made by the learned advocate for the applicant. This Court had an occasion to deal with the provisions of Sec. 148 of the Negotiable Instruments Act to consider the issue whether the provisions can be given the retrospective effect and the order was passed on 22/12/2021 in Criminal Misc. Application No. 4673 of 2019.

(3.) Sec. 143A of the Negotiable Instruments Act grants the authority only to the trial court to pass such an order directing interim compensation to the complainant when the drawer of the cheque pleads not guilty to the accusation made in the complaint and in any other case upon framing of charge. The authority so granted to the trial court is of directing the payment of interim compensation not exceeding 20% of the amount of cheque. Sec. 143A of the Negotiable Instruments Act lays down the consequences in case of acquittal. The trial is still in progress; the result of the trial has yet not declared. The applicant was before the Revision Court only praying for the bail and the Revision Court was pleased to grant the bail to the applicant taking into consideration the facts and circumstances of the case.