IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI Crl.P. No.271/2019 BETWEEN:
Shri L Jagadeesha s/o Sri Lingappa Aged about 45 years r/o No.S.R.S. Layout Harokyathanahalli Makali Post Dasanapura Hobli Bengaluru North Taluk Bengaluru-562 123. … Petitioner (By Sri Somashekharaiah R P, Advocate) AND:
H Manohar s/o Hattappa Gowda Aged about 43 years r/a No.252, 3rd Main Road Jai Maruthinagara Nandini Layout Bengaluru-560 096. ... Respondent (By Sri Ramesh R, Advocate) This petition is filed under Section 482 of Cr.PC praying to set aside the order dated 27.12.2018 made in CC No.20317/2018 on the file of XII Addl. CMM, Bengaluru.
This petition is coming on for admission this day, the Court made the following:-
ORDER Petitioner has questioned the order dated 27.12.2018 instead of 10.9.2018. Accordingly, he is permitted to carry out amendment in the petition.
2. With the consent of learned counsel appearing for the parties, matter is taken up for final disposal.
3. Undisputedly, Section 143A of Negotiable Instruments Act was incorporated in the Act w.e.f. 1.9.2018 and it is prospective in nature as held by the Apex Court in the case of G J Raja –vs- Tejraj Surana in Criminal Appeal No.1160/2019 @ SLP (Crl.) No.3342/2019. The relevant para-24 of the said judgment reads as under:
“24. In the ultimate analysis, we hold 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.
Consequently, the orders passed by the Trial Court as well as the High Court are required to be set aside. The money deposited by the Appellant, pursuant to the interim direction passed by this Court, shall be returned to the Appellant along with interest accrued thereon within two weeks from the date of this order.”
Court below directed the petitioner – accused to deposit 20% of cheque amount of Rs.24,00,000/- as interim compensation within 60 days in terms of Section 143- A(1) of N.I.Act on 10.9.2018). Feeling aggrieved by the order dated 10.9.2018, the present petition has been filed.
4. Learned counsel for the respondent has not disputed relating to prospectivity of Section 143A of N.I.Act w.e.f. 1.9.2018. Having regard to the date and events, order dated 10.9.2018 asking the petitioner to deposit 20% of cheque amount of Rs.24,00,000/- as interim compensation within 60 days in terms of Section 143-A(1) of N.I.Act, is contrary to Section 143A of the Act, which has prospective effect from 1.9.2018 read with the decision of the Supreme Court. Hence, order dated 10.9.2018 passed in CC No.20317/2018 by the XII Addl. CMM, Bengaluru is set aside. Accordingly, petition stands allowed.
5. At this stage, learned counsel for the respondent requested for expediting the matter in CC No.20317/2018. Accordingly, Court below is hereby directed to expedite the CC No.20317/2018 within a reasonable period of three months from the date of receipt of this order in the light of Supreme Court decision that proceedings under Section 138 of N.I. Act be decided within a reasonable period of six months vide Meters and Instruments Private Limited & Another –vs- Kanchan Mehta reported in (2018) 1 SCC 560. The relevant para-20 reads as under:
“20. In every complaint under Section 138 of the Act, it may be desirable that the complainant gives his bank account number and if possible e-mail ID of the accused. If e- mail ID is available with the Bank where the accused has an account, such Bank, on being required, should furnish such e-mail ID to the payee of the cheque. In every summons issued to the accused, it may be indicated that if the accused deposits the specified amount, which should be assessed by the Court having regard to the cheque amount and interest/cost, by a specified date, the accused need not appear unless required and proceedings may be closed subject to any valid objection of the complainant. If the accused complies with such summons and informs the Court and the complainant by e- mail, the Court can ascertain the objection, if any, of the complainant and close the proceedings unless it becomes necessary to proceed with the case. In such a situation, the accused’s presence can be required, unless the presence is otherwise exempted subject to such conditions as may be considered appropriate. The accused, who wants to contest the case, must be required to disclose specific defence for such contest. It is open to the Court to ask specific questions to the accused at that stage. In case the trial is to proceed, it will be open to the Court to explore the possibility of settlement. It will also be open to the Court to consider the provisions of plea bargaining. Subject to this, the trial can be on day to day basis and endeavour must be to conclude it within six months. The guilty must be punished at the earliest as per law and the one who obeys the law need not be held up in proceedings for long unnecessarily.”
Sd/- JUDGE Bkm