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TMI Blog2022 (2) TMI 245X X X X Extracts X X X X X X X X Extracts X X X X ..... . Section 143A of the Negotiable Instruments Act lays down the consequences in case of acquittal. The trial is still in progress; the result of the trial has yet not declared. The applicant was before the Revision Court only praying for the bail and the Revision Court was pleased to grant the bail to the applicant taking into consideration the facts and circumstances of the case. The trial court was required to consider only the facts and circumstances of the case which concerns the applicant wherein non-bailable warrant was issued, wherein that case, as per the submissions of the learned advocate for the applicant, no such order of paying 20% of the cheque amount was directed. Further that could not be consideration for the Revision Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ict Sessions Judge, Ahmedabad (Rural), on 22.04.2021 in Criminal Revision Application No. 67 of 2021 directing the applicant to pay 20% of the cheque amount which is ₹ 3,50,000/-. 1.1 Learned advocate for the applicant submitted that non- bailable warrant was issued against the applicant since he failed to regularly appear before the trial court in the proceedings of Criminal Case No. 9576 of 2014 under Section 138 of the Negotiable instruments Act, 1881. The applicant was arrested on 30.03.2021 and the bail application was moved before the trial court and since it was rejected a Criminal Revision Application No. 67 of 2021 was moved before the learned Additional Sessions Judge, Ahmedabad (Rural). 1.2 Learned advocate for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd thus submitted that, when no order has been passed under Section 143A of the Negotiable Instruments Act, the order R/SCR.A/4903/2021 ORDER DATED: 04/02/2022 passed by the Revision Court while granting bail, directing the applicant to pay 20% of the cheque amount be deleted. 1.6 Learned advocate Mr. P.H. Buch for the respondent No.2 failed to appear before the court during the hearing. 2. This Court concurs with the submissions made by the learned advocate for the applicant. This Court had an occasion to deal with the provisions of Section 148 of the Negotiable Instruments Act to consider the issue whether the provisions can be given the retrospective effect and the order was passed on 22.12.2021 in Criminal Misc. Application No. 46 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as directed. Further that could not be consideration for the Revision Court when the law does not lays down any such mandate for granting the bail. It is only for the trial court concerned under the provisions of Section 143A of the Negotiable Instruments Act who become entitle as per the mandate to pass any such order. 6. Sub-sec.(5) of Section 143A lays down in case the drawer of the cheque fails to pay interim compensation payable under this section it would be recovered as if it were a fine under Section 421 of the Cr.P.C., and as laid down under Sub-sec.(6) of Section 143A the amount of fine imposed under Section 138 or the amount of compensation awarded under Section 357 of the Cr.P.C. shall be reduced by the amount paid or recover ..... X X X X Extracts X X X X X X X X Extracts X X X X
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