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2019 (8) TMI 1921

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..... Under Section 138 of the Act were committed much prior to the introduction of Section 143A. Hon'ble Apex Court after considering previous judgments including the case of Surinder Singh Deswal [2019 (5) TMI 1626 - SUPREME COURT] 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 said Section 143A in the statute book.' The impugned order dated 24.07.2019 is not sustainable and same is hereby quashed and set aside - petition allowed.
Hon'ble Judges Manoj Kumar Garg, J For the Appellant : G.R. Bhari, Advocate For the Respondents : Gaurav Singh and M .....

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..... er. 4. I have heard learned counsels for the parties and perused the material on record and gone through judgment passed by the Hon'ble Apex Court. 5. The question which arose before the Hon'ble Apex Court in the case of G.J. Raja (Supra) was whether Section 143A of the Act is retrospective in operation and can be invoked in cases where the offences punishable Under Section 138 of the Act were committed much prior to the introduction of Section 143A. Hon'ble Apex Court after considering previous judgments including the case of Surinder Singh Deswal (supra) held as under:- "14. In the present case, the Complaint was lodged in the year 2016 that is to say, the act constituting an offence had occurred by 2016 whereas, the .....

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..... of the Act which is similar to 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 does not create any fresh disability of the nature similar to that created by Sec. 143A of the Act. Therefore, the decision of this Court in Surinder Singh Deswal : (2007) 13 SCC 492 stands on a different footing. 24. In the ultimate analysis, we hold Section 143A to be prospective in operation and that the provisions of said Section 143A can be app .....

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