NARAYAN CHAVDA Vs. RITA BHATIA

JUDGEMENT

(1.) Instant misc petition under Sec. 482 Cr.P.C. has been filed by the petitioner against the order dtd. 8/8/2019 passed by learned Special Metropolitan Magistrate (N.I. Act Cases) No. 2, Jodhpur in Criminal Case No. 1668/2018 whereby, the petitioner was directed to deposit 10% of the cheque amount.

(2.) Counsel for the petitioner submits that the trial court has referred to the judgment of Hon'ble Apex Court in a recent judgment in the case of G.J. Raja v. Tejraj Surana (Criminal Appeal No. 1160/2019 dtd. 30/7/2019 has held the Sec. 143A to be prospective in operation and that the provisions of said Sec. 143A can be applied or invoked only in cases where the offence Under Sec. 138 of the Act was committed after the introduction of said Sec. 143A in the statute book w.e.f 1/9/2018. Since the case is pending since last three years, therefore, the judgment cited by the trial court is not applicable to the case of the petitioner, therefore, the impugned order may be quashed and set aside.

(3.) Per contra, learned Public Prosecutor does not oppose the submissions made on behalf of the petitioner.