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TMI Blog2019 (11) TMI 1703X X X X Extracts X X X X X X X X Extracts X X X X ..... SUS TEJRAJ SURANA [ 2019 (8) TMI 91 - SUPREME COURT ], has categorically held that Section 143A is prospective in operation Hon'ble Apex Court has categorically held in the aforesaid judgment that provisions of Section 143A can be applied/invoked only in cases, wherein offence under Section 138 was committed after introduction of Section 143 in the Statute Book. The impugned order passed by learned Judicial Magistrate 1st Class, Arki, District Solan, Himachal Pradesh is set aside - petition disposed off. - CrMMO No. 681 of 2019 - - - Dated:- 13-11-2019 - Sandeep Sharma, Judge For the petitioner : Mr. Mohar Singh, Advocate. ORDER Having regard to the nature of order, this Court proposes to pass in the instant petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court, wherein it was held that a complaint under S.138 of the Act can be filed within the jurisdiction of the Court/Magistrate, where bank account of accused is instituted, case filed by the complainant came to be transferred to the Courts at Shimla. During the pendency of the case before learned Court below, Hon'ble Apex Court in yet another case ruled that a complaint under S.138 of the Act can be filed within the jurisdiction of the Court, where account of the complainant is situate, as such, case having been filed by the complainant again came to be transferred back to learned Judicial Magistrate 1st Class, Arki, on 14.9.2017. 4. Though a perusal of the Zimni orders placed on records suggests that the case filed at the behest of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or order of conviction, Section 148 of the Act applies at the appellate stage where the accused is already found guilty of the offence under Section 138 of the Act. It may be stated that there is no provision in Section 148 of the Act which is similar to 5 (2007) 13 SCC 492 6 (2019) 8 SCALE 445 Criminal Appeal No. 1160 of 2019 @ SLP(Crl.)No.3342 of 2019 G.J. Raja vs. Tejraj Surana Sub-Section (5) of Section 143A of the Act. However, as a matter of fact, no such provision akin to sub-section (5) of Section 143A was required as Sections 421 and 357 of the Code, which apply post- conviction, are adequate to take care of such requirements. In that sense said Section 148 depends upon the existing machinery and principles already in existence and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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