Allowed¶5

Salman v. the State and Another

Delhi HC5 Mar 2025CRL.M.C./3530/2021

Case brief

AI extract

What is this about?

Section 143A NI Act prospective effect from 02.08.2018; interim deposit of 20% of cheque amount in FDR; complaint dated 11.11.2016 predating 2018 amendment; Section 482 CrPC petition; G.J. Raja v. Tejraj Surana (2019) 19 SCC 469 followed; impugned order dated 27.07.2019 set aside; CRL.M.C. 3530/2021; Neena Bansal Krishna, J.; decided 05.03.2025.

What did the court decide?

The Order dated 27.07.2019 (allowing the Section 143A N.I. Act application and directing deposit of 20% of the cheque amount in FDR) is set aside. ¶5

Salman Vs the State and Another — Cheque Dishonour | Delhi HC (2025)

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$~24

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CRL.M.C. 3530/2021 & & CRL.M.A. 89/2022

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SALMAN .....Petitioner Through: Mr. Pratyaksh Gupta, Ms. Asha Gupta and Mr. Prateek Gupta, Advocates.

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versus

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THE STATE AND ANOTHER .....Respondents Through: Mr. Ajay Vikram Singh, APP for State. Mr. Yashardhan Singh Rathore with Mr. Tushar Manchal, Advocates for R-2.

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CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

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O R D E R % 05.03.2025

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Petition under Section 482 Cr.P.C has been filed to challenge the Order dated 27.07.2019 vide which the Application under Section 143A N.I.Act has been allowed and 20% of the cheque amount has been directed to be deposited in FDR before the next date of hearing. 2. The sole ground of challenge in the present Petition is that the Complaint was filed on 11.11.2016. Section 143A N.I.Act has been introduced by way of an amendment only in 2018. It has been held in the case of G.J.Raja vs. Tejraj Surana, (2019) 19 SCC 469, that the new amendment under Section 143A N.I.Act is effective from 02.08.2018 and is prospective. Therefore, it is submitted that the impugned Order is liable to be set aside.

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/03/2025 at 14:33:54

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Learned counsel on behalf of the Respondent submits that there is no infirmity in the impugned Order and the present Petition is liable to be dismissed.

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Submissions heard and record perused .

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In view of the judgment in the case of G.J.Raja (Supra), the impugned Order is hereby set aside.

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NEENA BANSAL KRISHNA, J

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MARCH 5, 2025 rk

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/03/2025 at 14:33:54

Salman v. the State and Another

Case brief

What is this about?

What did the court decide?

Salman v. the State and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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