TMI Blog2020 (1) TMI 1074X X X X Extracts X X X X X X X X Extracts X X X X ..... tioner was to pay the amount as per the notice on or before 11.8.2018. Till 11.8.2018 it cannot be said that the offence is completed. The offence will be completed only after 11.8.2018. Thus, the offence is committed on 11.8.2018. The amendment is brought in the Statute book on 01.9.2019 i.e. subsequent to commitment of the offence. In view of this factual position, the learned Magistrate has committed a mistake in law in allowing the application. Therefore, the writ petition deserves to be allowed. Petition allowed. - Criminal Writ Petition No. 761 Of 2019 - - - Dated:- 25-11-2019 - V.M. Deshpande, J. G.C. Khond, Adv. for the Petitioner. Mir Nagman Ali, Adv. for the Respondent. JUDGMENT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egal liability, the petitioner issued nine cheques of different dates ranging from 27.4.2018 to 12.6.2018 for various amounts. Those cheques were deposited by the respondent/complainant with her banker. However, on 06.7.2018 all those cheques were returned by the banker of the petitioner with an endorsement Exceed Arrangement . It is further stated in the complaint that thereafter on 26.07.2018, a statutory notice was given by the respondent, which was received by the petitioner on 27.7.2018. the said was replied by the petitioner by reply dated 06.8.2018 raising various disputes. By notice dated 26.7.2018, the petitioner was asked to pay the amount by 11.8.2018. Since, till that date the amount was not paid, the offence was completed and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aph 14 has observed 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 concerned provision viz. Section 143A of the Act was inserted in the statute book with effect from 01.9.2018. The question that arises therefore is 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. We are concerned in the present case only with the issue regarding applicability of said Section 143A to offences under Section 138 of the Act, committed before the insertion of said Section 143A. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fence is committed on 11.8.2018. The amendment is brought in the Statute book on 01.9.2019 i.e. subsequent to commitment of the offence. In view of this factual position, the learned Magistrate has committed a mistake in law in allowing the application (Exh.24). Therefore, the writ petition deserves to be allowed. Hence, the following order : ORDER 1. The criminal writ petition is allowed. 2. The order passed by the learned Judicial Magistrate, First Class, (Court No.3), Wani, below Exh.24 on 05.7.2019 in Summary Criminal Case No. 1818/2018, is hereby quashed and set aside. 3. The application (Exh.24) is rejected. 4. It is expected from the learned Judge of the Court below to expedite the trial. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
