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2020 (12) TMI 430 - HC - Indian LawsDishonor of Cheque - effect of insertion of Section 143A of the N.I. Act - Whether the insertion of Section 143A of the N.I. Act is having a prospective effect or can also be given retrospective effect? HELD THAT:- It is well settled proposition of law that always the substantive law which affects the rights of the parties will have prospective effect unless it has been given a retrospective effect expressly in the statute itself. Though the learned counsel for the respondent- complainant has relied upon the decision in the case of Surinder Singh Deswal @ Colonel S.S.Deswal & Others Vs. Virender Gandhi [2019 (5) TMI 1626 - SUPREME COURT], the question before the Hon'ble Apex Court was with reference to Section 148 of the N.I. Act which has been amended and inserted w.e.f. 1.9.2018 and Section 148 of the N.I. Act is applicable to appeals against the order of conviction for the offence punishable under Section 138 of the N.I. Act even where the complaints under Section 138 of the N.I. Act were filed prior to amendment of the N.I. Act. In that light, the Hon'ble Apex Court has given effect by holding that the appellant has to deposit a sum which is not less than 20% of the fine or compensation amount - But in the said decision Section 143A of the N.I. Act has not been interpreted. In the case of G.J.Raja Vs. Tejraj Surana [2019 (8) TMI 91 - SUPREME COURT], the issue came up before the Court directly with regard to interpretation of Section 143A of the N.I. Act and the Hon'ble Apex Court has held that Section 143A of the N.I. Act is having prospective effect in nature and confined to the cases where the offences were committed after the introduction of Section 143A of the N.I. Act - When the Hon'ble Apex Court has interpreted and laid down the ratio holding that Section 143A of the N.I. Act is to be prospective in operation and is made applicable only in the cases where the offence under Section 138 of the Act was committed after insertion of Section 143A in the statute. The trial Court as well as revisional Court without going into the said aspect have passed the impugned orders - Petition allowed.
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