BUDH RAM Vs. SANWAR MAL

JUDGEMENT

(1.) Instant misc petition under Section 482 Cr.P.C. has been filed by the petitioner against the order dated 24.07.2019 passed by learned Additional Chief Judicial Magistrate, Nohar, District Hanumangarh in Criminal Case No. 401/2015 whereby, the petitioner was directed to deposit 20% of the cheque amount in the sum of Rs. 1,60,000/- within 2 months.

(2.) Counsel for the petitioner submits that the trial court has referred to the judgment of Hon'ble Apex Court in Criminal Appeal Nos 917-944 of 2019 (Arising out of SLP (Criminal) Nos 4948-

(3.) 4975/2019 Surinder Singh Deswal @ Col. S.S. Deswal and others Vs. Virender Gandhi while passing the impugned order. Counsel for the petitioner argued that the Hon'ble Apex Court in a recent judgment in the case of G.J. Raja Vs. Tejraj Surana (Criminal Appeal No. 1160/2019 dated 30.07.2019 has held the Section 143A to be prospective in operation and that the provisions of said Section 143A can be applied or invoked only in cases where the offence Under Section 138 of the Act was committed after the introduction of said Section 143A in the statute book w.e.f 01.09.2018. 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.