JAY SENGUPTA
R Piyarelall Iron & Steel Pvt Ltd – Appellant
Versus
State Of West Bengal – Respondent
Based on the provided legal document, the key points are as follows:
The main legal issue addressed in the judgment concerns the prospective nature of the operation of Section 143A of the Negotiable Instruments Act, specifically regarding the payment of interim compensation. The court clarified that this section applies prospectively and not retrospectively (!) (!) .
The case involved an application challenging a judgment that set aside the rejection of an application under Section 91 of the Code and directed the payment of interim compensation of 20% of the cheque amount. The court found that the copies of the relevant documents had already been supplied, resolving the issue of document supply (!) (!) .
The court reaffirmed that, based on the law, the provision for interim compensation under Section 143A of the Negotiable Instruments Act should not be applied retroactively. Therefore, the opposite party could not be made liable to pay interim compensation in this case (!) .
The court decided not to interfere with the impugned judgment and order but emphasized the importance of expediting the proceedings, requesting the trial court to conclude the case within six months from the next hearing date (!) (!) .
The judgment underscores the importance of adhering to the legal interpretation that Section 143A operates prospectively, influencing the outcome of cases involving interim compensation claims under the Negotiable Instruments Act (!) .
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JUDGMENT
Jay Sengupta, J. - This is an application challenging a judgment and order dated 20.12.2018 passed by the learned Chief Judge, City Sessions Court, Bichar Bhawan, Calcutta in Criminal Revision No.251 of 2018, thereby setting aside the order of rejection of an application under Section 91 of the Code filed by the accused/opposite party and of direction to the accused to pay interim compensation of 20% of the cheque in question.
2. Affidavit of service filed on behalf of the petitioner is taken on record.
3. Mr. Phiroze Edulji, learned Counsel appearing on behalf of the petitioner submits as follows. So far as the issue of supply of documents in respect of which an application was made under Section 91 of the Code is concerned, copies of the said documents had been supplied to the other side. As regards the issue of payment of interim compensation in terms of Section 143A of the Negotiable Instruments Act, the Hon'ble Apex Court has made it clear in G.J. Raja Vs. Tejraj Surana,2019 SCCOnLineSC 989 , that the said provision shall be treated as prospective and not as retrospective. Therefore, in the present case the opposite party could not be made liable to make payment of int
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