SIDHARTH JAIN Vs. NIDHI FINANCIAL SERVICES

JUDGEMENT

(1.) By way of the instant miscellaneous petition, a challenge has been made to the order dtd. 4/4/2019 passed by the Special Magistrate No.7, Negotiable of Instruments Act Cases, Jaipur Metro Jaipur. Subsequently, the order dtd. 27/2/2020 was passed by the same Court on the ground that the order passed by the learned Court, vide order dtd. 4/4/2019 regarding payment of interim compensation is not in accordance with law. Counsel submits that in this matter, the complaint was lodged in the year 2017, the act constituting an offence had occurred by 2017, whereas, the concerned provision of under Sec. 143-A of the Act was came into effect from 1/9/2018. Therefore, the same shall not be applied retrospectively. Counsel place reliance on the judgment passed by the Hon'ble Supreme Court in G.J. Rana Vs. Tejraz Surana, in Criminal Appeal No.1160/2019 decided on 30/7/2019.

(2.) The matter requires consideration.

(3.) Learned counsel for the petitioner submits that since the order directing to deposit interim compensation is made by the Court to the accused and the same does not affect the right of the complainant in any manner. There would be no need to hear the complainant in this case, its a pure legal question. If notices are issued to the complainant by staying the operation of order dtd. 4/4/2019 surely it would adversely effect the right of the complainant as the trial would be protracted. It is pure legal question, therefore, learned Public Prosecutor has been directed to assist this Court on this issue.