Back
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MR. JUSTICE ANOOP KUMAR DHAND, J
Rashmi Khandelwal W/o Shri Rajendra Singh Sharma – Appellant
Versus
Kanhiyalal S/o Shri Ramesh Chand – Respondent
Order :
1. The issue involved in this petition is “whether the amended provision contained under Section 143A of the Negotiable Instruments Act, 1881 would apply on the complaint filed prior to enactment and enforcement of this provision?”
2. Since, common question of law and facts are involved in these petitions. Hence, with the consent of the counsel for the parties, all these matters have been taken for final disposal and the same are decided by this common order.
3. Learned counsel for the petitioner submits that the respondent-complainant (hereinafter referred to as the complainant) has submitted three different complaints against the accused-petitioner (hereinafter referred to as the petitioner) for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the ‘Act of 1881’) on three different occasions i.e. on 28.08.2017, 01.04.2017 and 11.08.2017. Counsel submits that at the time of filing of the complaints under Section 138, there was no provision for the payment of interim compensation of 20% of the cheque amount to the complainant under the Act of 1881.
4. Counsel further submits that the amended provision contained under Se
Section 143A of the Negotiable Instruments Act, 1881 applies prospectively, prohibiting retrospective application to complaints filed before its enactment.
Section 148 of the NI Act is retrospective in nature and applies to appeals arising out of complaint cases filed prior to the amendment of 2018.
(1) Provision of sub-section (1) of Section 143A of Negotiable Instruments Act, 1881, which provides for grant of interim compensation, is directory and not mandatory.(2) Non-payment of interim comp....
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.
Section 143A of the Negotiable Instruments Act is prospective only, affecting cases post-enactment.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
