BHARPOOR SINGH Vs. JAGRAJ SINGH

JUDGEMENT

(1.) The present petition has been filed against the order dtd. 14/9/2021 passed by learned Additional Sessions Judge, Sangrur vide which the petitioner has been directed to deposit 20% of the double cheque amount under Sec. 143-A of the Negotiable Instruments Act, 1881 (hereinafter referred to as the NI Act'), in the case stemming from compliant No.19 dtd. 4/3/2013 filed under Sec. 138 of the NI Act.

(2.) Briefly, the facts, as alleged, are that the petitioner gave a cheque bearing No.917294 dtd. 27/12/2012 for an amount of Rs.15,00,000.00 in order to repay the debt owed by him to the respondent. However, the same was dishonoured on presentation for encashment vide memo dtd. 21/1/2013, with the remarks funds insufficient.' Consequently, the petitioner was convicted by the learned Judicial Magistrate Ist Class, Malerkotla, vide judgment dtd. 2/2/2018. The petitioner was sentenced to undergo rigorous imprisonment of two years and further directed to pay compensation under Sec. 357 Cr.P.C. to the tune of double of the cheque amount. Aggrieved by the same, the petitioner preferred an appeal before the learned Lower Appellate Court. The respondent moved an application under Sec. 143-A of the NI Act, seeking 20% of the compensation amount awarded to him. The same was allowed vide impugned order dtd. 14/9/2021.

(3.) Learned counsel for the petitioner, inter alia, contends that the learned Court below has fallen into grave error by allowing the application of the respondent in view of the amendment made to the NI Act. The said amendment was effected by the Ministry of Law and Justice vide Notification dtd. 2/8/2018, while the complaint (supra) was filed on 4/3/2013. As such, the amended provision of Sec. 143-A of NI Act cannot be made retrospectively applicable to the present matter.