Disposed

Ravinder Singh Chauhan v. State of Up and Another

Allahabad HC11 Mar 2019A482/9120/2019

Case brief

AI extract

What is this about?

This criminal application under Section 482 Cr.P.C. sought quashing of an order directing the applicant to deposit 20% of the cheque amount under the amended Section 143-A of the Negotiable Instruments Act. The Court found the lower court erred in law by not considering the retroactivity argument. The application was not disposed on merits; instead, it was remanded to the lower court to hear the a

What did the court decide?

To lower court to hear and decide the question of applicability of amended provision if raised afresh within two months.

Ravinder Singh Chauhan Vs State of Up and Another — Writ and Judicial Review | Allahabad HC (2019)

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Court No. - 23

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Case :- APPLICATION U/S 482 No. - 9120 of 2019

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Applicant :- Ravinder Singh Chauhan Opposite Party :- State Of Up And Another Counsel for Applicant :- Satyendra Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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Heard Sri Satyendra Kumar Singh, learned counsel for the applicant.

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This application under Section 482 Cr.P.C. has been filed by the accused-applicant with a prayer to quash the order dated 15.12.2018 passed by Additional Civil Judge (Sr. Div.) / Additional Chief Judicial Magistrate, Court No. 2, Ghaziabad in Complaint Case No. 7758 of 2017 (Balvir Singh Vs. Ravinder Singh Chauhan), under Section 138 Negotiable Instruments Act, P.S. Kavi Nagar, District Ghaziabad.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. No offence against the applicant is made out and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention. The main ground of the applicant to quash the impugned order dated 15.12.2018 is that the amended section 143-A of Negotiable Instruments Act has been incorporated and made applicable since 2nd August, 2018 and this case has been instituted in the year, 2017, therefore, amendment cannot be applicable with retrospective effect and Court cannot pass the order directing the accused applicant to deposit 20% of cheque amount. Learned Magistrate has erred in law by passing the impugned order.

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Per contra learned AGA opposed the submissions stating that amendment in Negotiable Instruments Act has been inserted and made applicable since 2nd August, 2018 but there is no bar to apply as retrospective effect.

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I have considered the submissions made by the learned counsel for the applicant and perused the material brought on record.

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Legal provision as pointed out by learned counsel for the applicant has not been considered by the court below and without considering the point raised for applicant, order was passed.

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The application under Section 482 Cr.P.C. is accordingly disposed of with direction to court below to hear and decide the question of applicability of amended provision, if submission is raised by applicant / accused afresh within a period of two months from the date of production of certified copy of this order.

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Order Date :- 11.3.2019 Manoj

Ravinder Singh Chauhan v. State of Up and Another

Case brief

What is this about?

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Ravinder Singh Chauhan v. State of Up and Another

Case brief

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