9911796707
TMI Blog2020 (8) TMI 683X X X X Extracts X X X X X X X X Extracts X X X X ..... Petition dismissed as withdrawn. - CRL.M.C. 1523/2020 & CRL.M.A. 8143/2020 - - - Dated:- 20-7-2020 - HON'BLE MS. JUSTICE ANU MALHOTRA For the Petitioner : Mr. Manish Kaushik Mr.Mishal Johari, Advocates For the Respondent : Mr. Fanish K Jain Mr. Deepanshu Garg, Advocates ORDER (hearing through Video Conferencing) Vide the present petition, the prayers made are to the effect:- (a) allow the present Petition and thereby direct deposit and release of 40% of awarded compensation as interim compensation in favour of Petitioner in Criminal Appeal NO. 159/2019, titled Satish Kumar Versus P. Maheshwari HUF pending before District and Sessions Judge, Saket District Court, Delhi. (ii) Pass any other or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have directed in an appeal filed by the drawer against conviction under Section 138 of the Negotiable Instruments Act, 1888 and that the said amount in terms of Section 148(1) of the Negotiable Instruments Act, 1888 would have to be in addition to any interim compensation made by the appellant under Section 143A of the said enactment. It has been submitted on behalf of the respondent no.2 during the course of the submissions made that the application that the petitioner had filed before the learned Trial Court was only one under Section 143A of the Negotiable Instruments Act, 1888 (as amended) and that there was no such application under Section 148 of the amended Negotiable Instruments Act, 1888 filed, which is borne out to be correct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... peration. The said contention of the respondent in relation to the nonretrospective application of Section 143A of the Negotiable Instruments Act, 1888 has undoubtedly to be accepted in view of the verdict of the Hon ble Supreme Court in G.J. RAJA Versus TEJRAJ SURANA (supra) as referred to hereinabove. As regards the provisions of Section 148 of the Negotiable Instruments Act, 1888 as also amended that came into force w.e.f. 01.09.2018, however, the very verdict in G.J. RAJA Versus TEJRAJ SURANA (supra) itself adverts to the verdict of the Hon ble Supreme Court in Surinder Singh Deswal and Ors. vs. Virender Gandhi, (2019) 8 SCALE 445 wherein it has been observed to the effect that the provisions of Section 148 of the Negotiable ..... X X X X Extracts X X X X X X X X Extracts X X X X
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