R Piyarelall Iron & Steel Pvt Ltd v. State Of West Bengal
2020-01-09
JAY SENGUPTA
body2020
DigiLaw.ai
JUDGMENT Jay Sengupta, J. - This is an application challenging a judgment and order dated 20.12.2018 passed by the learned Chief Judge, City Sessions Court, Bichar Bhawan, Calcutta in Criminal Revision No.251 of 2018, thereby setting aside the order of rejection of an application under Section 91 of the Code filed by the accused/opposite party and of direction to the accused to pay interim compensation of 20% of the cheque in question. 2. Affidavit of service filed on behalf of the petitioner is taken on record. 3. Mr. Phiroze Edulji, learned Counsel appearing on behalf of the petitioner submits as follows. So far as the issue of supply of documents in respect of which an application was made under Section 91 of the Code is concerned, copies of the said documents had been supplied to the other side. As regards the issue of payment of interim compensation in terms of Section 143A of the Negotiable Instruments Act, the Hon'ble Apex Court has made it clear in G.J. Raja Vs. Tejraj Surana,2019 SCCOnLineSC 989 , that the said provision shall be treated as prospective and not as retrospective. Therefore, in the present case the opposite party could not be made liable to make payment of interim compensation in terms of Section 143A of the said Act. Since the case is of 2011, a direction may be passed to expedite the proceeding. 4. Mr. Ayan Bhattacharjee, learned Counsel appearing on behalf of the accused/opposite party, submits as follows. Copies of relevant documents in respect of which an application was filed under Section 91 of the Code have indeed been supplied. The position as regards retrospective operation of Section 143A of the Negotiable Instruments Act has also been made clear by the Hon'ble Apex Court, as has been rightly pointed out by the learned Counsel for the petitioner. 5. I have heard the submissions of the learned Counsels appearing on behalf of the parties and have perused the revision petition. 6. First, the issue of supply of copies of documents under Section 91 of the Code is no more a contentious one since admittedly copies of such documents have already been supplied. 7. As regards, the direction to pay interim compensation in terms of Section 143A of the Negotiable Instruments Act, the same need not be paid in the present case.
First, the issue of supply of copies of documents under Section 91 of the Code is no more a contentious one since admittedly copies of such documents have already been supplied. 7. As regards, the direction to pay interim compensation in terms of Section 143A of the Negotiable Instruments Act, the same need not be paid in the present case. The position of law has been made clear by the Hon'ble Apex Court in G.J. Raja (supra) where it was held that Section 143A of the Negotiable Instruments Act would have prospective operation. 8. In view of the above, I do not find any reason to interfere with the impugned judgment and order. 9. However, in the interest of justice the learned Trial Court is requested to conclude the proceedings as expeditiously as possible, preferably within a period of six months from the next date of hearing. 10. With these observations, the revisional application is disposed of. 11. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.