Case Note & Summary
The petitioner, Hitendra Upadhyay, filed a private complaint under Section 138 of the Negotiable Instruments Act against respondent Shankar Gaud. During the trial, the petitioner filed an application under Section 143-A of the NI Act seeking a direction to the accused to deposit 20% of the cheque amount. The Magistrate partly allowed the application on 19-07-2019, directing the accused to deposit 10% of the cheque amount. The accused challenged this order by filing Criminal Revision Petition No.132 of 2019 before the Additional Sessions Judge, Parbhani. The petitioner raised objections regarding the maintainability of the revision, but the Sessions Court allowed the revision on 01-11-2019, setting aside the Magistrate's order. Aggrieved, the petitioner filed the present writ petition under Articles 226 and 227 of the Constitution. The High Court heard the matter and, by consent, disposed of the petition. The court examined the issue of maintainability of revision against an order under Section 143-A NI Act. The court held that such an order is not a final order but an interlocutory order, and the revisional court has jurisdiction under Section 397 CrPC to entertain a revision against it. The court found no illegality in the Sessions Court's order and dismissed the writ petition, upholding the revisional order.
Headnote
A) Criminal Procedure Code - Maintainability of Revision - Section 397 CrPC - Interim Order under Section 143-A NI Act - The Sessions Court held that a revision petition is maintainable against an order passed under Section 143-A of the Negotiable Instruments Act, as such an order is an interlocutory order but not a final order, and the revisional court has jurisdiction to examine its legality. The court allowed the revision and set aside the Magistrate's order directing deposit of 10% of the cheque amount. (Paras 1-5)
Issue of Consideration
Whether a criminal revision petition is maintainable against an order passed by a Magistrate under Section 143-A of the Negotiable Instruments Act directing the accused to deposit a percentage of the cheque amount during trial.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Additional Sessions Judge, Parbhani dated 01-11-2019 in Criminal Revision Petition No.132 of 2019.
Law Points
- Maintainability of revision against interim order under Section 143-A NI Act
- Power of Sessions Court to entertain revision against order directing deposit under Section 143-A
- Interpretation of Section 397 CrPC vis-à-vis Section 143-A NI Act
