T.S.SHANTHI Vs. V.RAMAKRISHNAN

JUDGEMENT

(1.) This Criminal Original Petition has been filed to set aside order dtd. 30/9/2022 passed in the Crl.M.P.No.7586 of 2022 in C.C.No.110 of 2016 pending on the file of learned Judicial Magistrate, Fast Track Court, Alandur.

(2.) This Court on 8/12/2022, referring to the judgment of Hon'ble Supreme Court in G.J.Raja Vs. Tejraj Surana in Crl.A.No.1160 of 2019 arising out of SLP(Crl.)No.3342 of 2019, observed that Sec. 143 A of the Negotiable Instrument Act, 1881 can be applied or invoked only in cases where the offence under Sec. 138 of the Negotiable Instrument Act, 1881 was committed after the introduction of Sec. 143 A of the Negotiable Instrument Act, 1881, in the Statute book. Therefore, it was observed that order passed by the learned Fast Track Court, Alandur is illegal and is liable to be set aside. Only to give an opportunity of hearing to the respondent, notice was ordered to the respondent.

(3.) When the matter is taken up today, Mr.Adithyavaradarajan, learned counsel appeared for the respondent. He conceded to the order passed by this Court on 8/12/2022 and submitted that Sec. 143 A of the Negotiable Instrument Act, 1881, can be applied and invoked only in cases where offence under Sec. 138 of the Negotiable Instrument Act, 1881, is committed after introduction of Sec. 143 A of the Act in the Statute book. He further submitted that the order passed by the learned Judicial Magistrate, Fast Track Court, Alandur in Crl.M.P.No.7586 of 2022 may be set aside and the matter may be decided on merits in C.C.No.110 of 2016.