SHRI HARI PUBLIC SCHOOL Vs. NEERAJ DIXIT

JUDGEMENT

(1.) Petitioner has filed this present petition challenging the order dtd. 27/8/2024 passed by the III Additional Sessions Judge, Indore whereby the order dtd. 23/11/2023 passed by the Judicial Magistrate First Class, Indore in SCNIA No. 3839/2018 rejecting the application under Sec. 143A of the Negotiable Instruments Act, 1881 ('N.I.Act' for short) has been set aside.

(2.) Facts of the case in short are that the respondent filed a complaint under Sec. 138 of the N.I.Act before the Court of JMFC, Indore. According to the respondent/complainant, petitioners demanded Rs.39,00,000.00 for expansion, construction and other works of the school from the respondent who was working as the Principal of the petitioner No. 1/school. Having close relation with the petitioners, respondent gave Rs.39,00,000.00 to the petitioners for a short period. In order to return the aforesaid amount, petitioners issued two cheques bearing No. 000286 dtd. 25/4/2018 and 000287 dtd. 30/4/2018 of Rs.19,50,000.00 each in favour of the respondent. Respondent presented the aforesaid cheques in his bank account and they were transferred to the bank account of the petitioners but both the cheques were dishonored. Thereafter notice was served and when the amount was unpaid a complaint was filed.

(3.) During pendency of the complaint, the respondent/complainant filed an application under Sec. 143A of the N.I.Act seeking direction that the petitioners be directed to pay the interim compensation. The application was opposed by the petitioners. Learned JMFC vide order dtd. 23/11/2023 has rejected the application on the ground that the provisions of Sec. 143A which came into effect on 1/9/2018 is prospective in operation and the said provision can be applied or invoked only in cases where the offence under Sec. 138 of the N.I.Act was committed after introduction of the said Sec. in the statute book. Since the cheques in question were returned unpaid prior to 1/9/2018, therefore Sec. 143A of the N.I.Act does not attract.