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2025 DAILYLAW 31161 (ALL)

LAL SINGH v. STATE OF U.P THROUGH ITS PRINCIPAL SECRETARY (HOME) AND ANOTHER

A227/2583/2025 · 2025-03-18

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39516 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 2583 of 2025 Petitioner :- Lal Singh Respondent :- State Of U.P Through Its Principal Secretary (Home) And Another Counsel for Petitioner :- Chitranshu Srivastav, Narendra Kumar Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. The present petition under Article 227 of the Constitution of India has been filed with a prayer to set-aside the impugned order dated 08.01.2025 passed by Civil Judge, (Junior Division)/FTC/JM, Baghpat in old Complaint Case No.1123/2016 (New Complaint Case No.657/2021), "Lal Singh vs. Manish Kumar" under Section 138 N.I. Act, P.S. Binauli District Baghpat. It has been submitted by learned counsel for the petitioner that the petitioner is the complainant in the instant matter and had lodged the Complaint Case No. 1123/2016 dated 28.01.2016 against the respondent no. 2 under Section 138 N.I. Act. However, in the year 2016, summons were served to the respondent no. 2 and on the very same date, the respondent no.2 had applied for bail. It has been further submitted that the provisions of amended section 143-A of Negotiable Instruments Act was applicable in the instant matter and the complainant should be paid the interim compensation. An application was filed by the petitioner on 20.09.2024 under section 143-A of the Negotiable Instruments Act before the Civil Judge (Junior Division)/FTC/JM, Baghpat, seeking 20% of compensation, but was rejected by the Court below vide impugned order dated 08.01.2025 on the ground that the provisions of section 143-A of the Negotiable Instruments Act came into force on 01.09.2018 and is retrospective in nature and can be applied to cases where the offence under Section 138 N.I. Act was committed after its introduction on 01.09.2018. Therefore, the said application is not maintainable. Considering the aforesaid facts and circumstances, there is no illegality in the order impugned. Matter requires no interference. The present petition is accordingly, dismissed. Order Date :- 19.3.2025 Monika Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad