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2020 (1) TMI 1074 - HC - Indian LawsDishonor of Cheque - when the offence is complete- offence punishable under section 138 of NI Act - scope of Section 143A of the N.I. Act - retrospective or prospective amendment - HELD THAT:- Section 143A of the N.I. Act came in the statute book on 01.9.2018. Admittedly, the cheques in question were issued on different dates ranging from 27.4.2018 to 12.6.2018 i.e. prior to amendment. Even the return memo given by the banker of the petitioner intimating that the cheques issued by the petitioner cannot be honoured, is dated 06.7.2018. The statutory notice is given by the respondent on 26.7.2018 and it was received by the petitioner on 27.7.2018. The petitioner was to pay the amount as per the notice on or before 11.8.2018. Till 11.8.2018 it cannot be said that the offence is completed. The offence will be completed only after 11.8.2018. Thus, the offence is committed on 11.8.2018. The amendment is brought in the Statute book on 01.9.2019 i.e. subsequent to commitment of the offence. In view of this factual position, the learned Magistrate has committed a mistake in law in allowing the application. Therefore, the writ petition deserves to be allowed. Petition allowed.
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