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MANOJ KUMAR GARG
Narayan Chavda – Appellant
Versus
Rita Bhatia – Respondent
| Table of Content |
|---|
| 1. petition filed challenging lower court's order. (Para 1) |
| 2. arguments on applicability of section 143a. (Para 2 , 3) |
| 3. court reviewed relevant precedents and statutes. (Para 4 , 5) |
| 4. conclusion and directive for trial court. (Para 6 , 7) |
ORDER :
1. Instant misc petition under Section 482 Cr.P.C. has been filed by the petitioner against the order dated 08.08.2019 passed by learned Special Metropolitan Magistrate (N.I. Act Cases) No. 2, Jodhpur in Criminal Case No. 1668/2018 whereby, the petitioner was directed to deposit 10% of the cheque amount.
2. Counsel for the petitioner submits that the trial court has referred to the judgment of Hon'ble Apex Court in a recent judgment in the case of G.J. Raja v. Tejraj Surana (Criminal Appeal No. 1160/2019 dated 30.07.2019 has held the Section 143A to be prospective in operation and that the provisions of said Section 143A can be applied or invoked only in cases where the offence Under Section 138 of the Act was committed after the introduction of said Section 143A in the statute book w.e.f 01.09.2018. Since the case is pending since last three years, therefore, the judgment cited by the trial court is not applicable to the
The provisions of Section 143A of the Negotiable Instruments Act are prospective in operation and can only be applied in cases where the offence under Section 138 of the Act was committed after the i....
Section 143A of the Negotiable Instruments Act is prospective only, affecting cases post-enactment.
Section 143A of the Negotiable Instruments Act, 1881 applies prospectively, prohibiting retrospective application to complaints filed before its enactment.
Section 143A of the Negotiable Instruments Act is prospective and cannot be applied to offences committed before its enactment.
The main legal point established in the judgment is that Section 143-A of the Negotiable Instruments Act has prospective application and cannot be applied retrospectively.
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