Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2020 (8) TMI 683

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ore District and Sessions Judge, Saket District Court, Delhi. (ii) Pass any other order (s) or relief (s), within this Hon'ble Court may deem fit and proper in the facts and circumstances of the case may kindly be passed accordingly." The petitioner has submitted to the effect that the respondent had been convicted for an offence punishable under Section 138 of the Negotiable Instruments Act, 1888 and that the learned Appellate Court vide order dated 19.03.2019 directed the respondent no.2 to deposit a sum of Rs. 15 lakhs before the learned Trial Court within a month from the date 19.03.2019. The petitioner submits that the interim compensation that has been directed to be deposited, ought to be allowed to be released to the petiti .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ed Negotiable Instruments Act, 1888 filed, which is borne out to be correct on a bare perusal of the application, copy of which has been placed on record as Annexure A1 to the petition. During the course of submissions, it is further sought to be submitted on behalf of the petitioner that the provisions of Section 143A of the Negotiable Instruments Act, 1888 are retrospectively applicable in relation to which, on behalf of the respondent, learned counsel for the respondent has vehemently opposed the said submission submitting to the effect that in view of the verdict of the Hon'ble Supreme Court in "G.J. RAJA Versus TEJRAJ SURANA" 2019 LAWPACK(SC) 62739, it has categorically been observed vide observations in paragraph 22 of the said verdi .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ved to the effect that the provisions of Section 148 of the Negotiable Instruments Act, 1888 relate to appellate proceedings, are retrospectively applicable and thus, in view thereof, in as much as, as observed hereinabove, the application annexed to the present petition as Annexure A1 filed by the petitioner was only under Section 143A of the Negotiable Instruments Act, 2018, learned counsel for the petitioner seeks to withdraw the present petition seeking liberty to seek redressal before the learned Trial Court by filing a fresh application under Section 148 of the amended Negotiable Instruments Act, 2018 brought into force w.e.f. 01.09.2018 both in relation to the applicability thereof or exercise of discretion in terms of Section 148(1) .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates