ANAND SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned Counsel for the petitioner submits that direction issued by the Appellate Court for depositing 20% of the amount as directed by the Trial Court is not in accordance with the law as the offence alleged is relating to the period prior to coming into force of the amendment made in Section 143-A of the N.I. Act, 1881.

(2.) Learned Counsel relies on the judgment delivered in the case of Surendra Singh Deswal @ Col. S.S. Deswal and Ors. Vs. Virender Gandhi and Anr., in Criminal Appeal Nos. 1936-1963 of 2019 dated 8.1.2020 to submit that Section 143-A of the N.I. Act is prospective in nature and would be confined to the cases where offence has been committed after introduction of Section 143-A of the N.I. Act.

(3.) I have considered the submissions as above and find that the petitioner has already been convicted for offence under Section 138 of the N.I. Act vide judgment dated 15.11.2019. He has preferred an appeal before the Appellate Court and the learned Sessions Judge No. 5, Jaipur Metro, vide its order dated 12.12.2019 has while invoking power under Section 148 of the N.I. Act has directed the petitioner to deposit 20% of the amount within 16 days failing which the sentence suspension shall stand vacated.