LAWS(HPH)-2021-12-63

MAHENDER KUMAR PATHAK Vs. RAMANJEET CHADHA

Decided On December 18, 2021
Mahender Kumar Pathak Appellant
V/S
Ramanjeet Chadha Respondents

JUDGEMENT

(1.) Having regard to the nature of order proposed to be passed in the instant case, this Court sees no necessity to issue notice to the respondent, who in the event of notice being issued, shall be unnecessarily burdened to engage a lawyer to defend her before this Court.

(2.) Instant petition filed under Article 227 of the Constitution of India read with Sec. 482 of Cr.PC, lays challenge to order dtd. 22/10/2021, titled as Smt. Ramanjeet Chadha v. Sh. Mahender Kumar Pathak, whereby the learned court below while allowing application under Sec. 145(2) of the Negotiable Instruments Act (in short, 'the Act'), having been filed by the petitioner-accused (hereinafter, 'accused'), also directed him to deposit interim compensation to the tune of Rs.42,600.00 i.e. equivalent to 15% of the amount in cheque, within a period of sixty days.

(3.) Precise question, which needs to be adjudicated in the present case, is "whether the provisions of Sec. 143-A of the Act are prospective in operation and same can be applied to the proceedings, which were pending adjudication prior to introduction of the aforesaid provision in the statute books."