YUSUF ALI Vs. STATE OF RAJAJSTHAN AND ORS.

JUDGEMENT

(1.) This instant criminal miscellaneous petition has been filed by the petitioner challenging the order dated 10.07.2019 passed by the learned Additional Sessions Judge, Chirawa, District Jhunjhunu in Criminal Revision No.56/2019.

(2.) The facts as emerge from perusal of the record are that the petitioner was convicted by the learned Judicial Magistrate, Chirawa, District Jhunjhunu vide its judgment dated 23.05.2019 in Criminal Case No.108/2015 under Section 138 of the Negotiable Instruments Act, 1881 (for short "the Act of 1881"). In appeal preferred by the petitioner, the learned Appellate Court has, vide its order dated 11.02.2019, suspended the sentence as well as fine imposed by the learned trial Court subject to deposit of 20% of the amount of the fine imposed by the learned trial Court, within a period of two months from the date of order. Since, the petitioner failed to comply with the order dated 11.02.2019, the learned trial Court has, vide its order dated 23.05.2019, directed for issuance of the warrant of arrest to execute the sentence imposed by it. Vide order impugned herein dated 10.07.2019, the learned Revisional Court has rejected the revision petition preferred by the petitioner against the order dated 23.05.2019.

(3.) Learned counsel for the petitioner relying upon the judgment of the Hon'bel Apex Court in the case of G.J. Raja Versus Tejraj Surana,2019 SCCOnLineSC 989, asserted that since the provisions under Section 143-A of the Act of 1881 was inserted w.e.f. 01.09.2018 not having retrospective operation, the learned Appellate Court erred in imposing the condition of deposit of 20% fine amount vide its order dated 11.02.2019 for the offence committed prior to 01.09.2018 and resultantly, all the consequential orders are null and void.