IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE P.B.BAJANTHRI CRL. P. NO.5157 OF 2019 BETWEEN:
DR. G.A. JAYARAM NAIDU S/O LATE G. ABBI NAIDU AGED ABOUT 72 YEARS R/AT NO.2-1070 SAI SUMA APARTMENTS DOOR NO. 501, 5TH FLOOR KONGAREDDIPALLE, CHITTOOR DIST. ANDHRA PRADESH-517 001.
WORKING ADDRESS:
DR. G.A. JAYARAM NAIDU, S/O LATE G. ABBI NAIDU, HEALTHY EYE CARE CENTER, D. NO.2-5, OFFICER’S LANE, BESIDE RTC BUS STAND, CHITTOOR, ANDHRA PRADESH.
AND .. PETITIONER (By SRI M.S. NAGARAJA, ADVOCATE) SRI. H.M. RAMU S/O MAYIGOWDA AGED ABOUT 73 YEARS R/AT ACETTE TOWN MANDYA CITY-574 401.
.. RESPONDENT (BY SRI P. PRASANNA KUMAR, ADVOCATE) *** THIS PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO (a)QUASH THE ORDER PASSED BY THE LEARNED JMFC, MANDYA IN C.C. NO.1117/2017 DATED 15.02.2019, (b) CONSEQUENTLY DISMISS THE APPLICATION FILED BY THE RESPONDENT/COMPLAINANT U/S. 143(A) OF THE N.I.ACT IN C.C.NO.1117/2017 PENDING ON THE FILE OF THE JMFC, MANDYA.
THIS PETITION IS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The Petitioner has sought for following reliefs:
“(i) Call for the entire records in CC No.1117/2017 on the file of the learned JMFC, Mandya, (ii) After perusal be pleased to quash the order passed by the learned JMFC, Mandya in CC No.1117/2017 dated 15.02.2019, (iii) Consequently, dismiss the application filed by the respondent / complainant u/s 143(A) of the NI Act in CC No.1117/2017 pending on the file of JMFC, Mandya, (Iv) Pass any other order/s which deems fit to grant under the facts and circumstances of the above petition in the interest of justice and equity.”
2. The crux of the matter is whether inclusion of section 143A of the Negotiable Instruments Act, 1881 is prospective or retrospective. The Hon’ble Supreme Court in the case of G.J.RAJA vs TEJRAJ SURANA in CRIMINAL APPEAL NO.1160 OF 2019 decided on 30.07.2019, held that ‘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 the said Section 143A in the statute book.’ 3. In view of the aforesaid decision of the Hon’ble Supreme Court in RAJA’s case, supra and having regard to the facts and circumstances of the case, it is clear that Section 143A of the NI Act does not apply to the present case.
4. Accordingly, the petition is allowed and the proceedings dated 15.02.2019 in CC No.1117 of 2017 pending on the file of the learned JMFC, Mandya, is set aside and further the application under Section 143A of the NI Act dated 01.02.2019 filed by the respondent – complainant, is dismissed.
Petitioner is permitted to make necessary application for withdrawal of the amount said to have been deposited before the trial court.
Sd/- JUDGE VK