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2008 (8) TMI 795 - SUPREME COURT
Whether the proviso appended to Section 142 of the Negotiable Instruments Act, 1881 inserted by the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002, is retrospective in operation?
Held that:- Appeal allowed. In the fact situation obtaining in the instant case, difficult to hold that the provisions of Section 420 of the Indian Penal Code were attracted.
The court had no jurisdiction to allow the amendment of the complaint petition at a later stage. Therefore, the High court was not correct in taking the aforementioned view in the facts and circumstances of the present case.