Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2019 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (8) TMI 1358 - HC - Indian LawsDishonor of cheque - seeking 20% of the amount of dishonoured cheque as interim compensation - applicability of provisions of Section 143-A of Negotiable Instruments Act - petitioners submits that provisions of Section 143-A of the Act have been brought in force w.e.f. 1/9/2018 during pendency of the complaint therefore, they will not apply to the pending proceedings and will have prospective effect having application to the proceedings initiated after the amendment - HELD THAT:- Undisputedly the complaint in the present case under Section 138 has been filed on 21/1/2016. By the Negotiable Instruments (Amendment) Act, 2018 published in the notification dated 2nd August 2018, Section 143-A has been incorporated in The Negotiable Instruments Act, 1881 and vide notification published in the gazette dated 16th August 2018, the amended provision has been brought in force w.e.f. 1st September 2018 - In the present case, the complaint under Section138 of Negotiable Instruments Act was filed on 21/1/2016 prior to coming into force of amended provision section 143-A, of the Act, therefore, the sole issue involved in the present case is as to whether the provisions of Section 143-A will apply to a pending complaint under section 138 of Act. The issue has been concluded in the case of G.J. RAJA VERSUS TEJRAJ SURANA [ 2019 (8) TMI 91 - SUPREME COURT ] where it was held that provisions of Section 143A are prospective in nature and can be applied or invoked only in case where the offence under Section 138 of the Act was committed after the introduction of said Section 143A in the Statute Book. The said Section was inserted in the statute Book on 1/9/2018 whereas in the present case the offence was committed much prior to that. Hence the provisions of Section 143A will not be attracted in the present case. Petition allowed.
|