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TMI Blog2019 (8) TMI 1921X X X X Extracts X X X X X X X X Extracts X X X X ..... Kumar Garg, J. 1. Instant misc petition under Section 482 Cr.P.C. has been filed by the petitioner against the order dated 24.07.2019 passed by learned Additional Chief Judicial Magistrate, Nohar, District Hanumangarh in Criminal Case No. 401/2015 whereby, the petitioner was directed to deposit 20% of the cheque amount in the sum of Rs. 1,60,000/- within 2 months. 2. Counsel for the petitioner s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore, the judgment cited by the trial court is not applicable to the case of the petitioner, therefore, the impugned order may be quashed and set aside. 3. Per contra, learned Public Prosecutor does not oppose the submissions made on behalf of the petitioner. 4. I have heard learned counsels for the parties and perused the material on record and gone through judgment passed by the Hon'ble Ape ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 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. ......... 22. In our view, the applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 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 s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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