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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Bharpoor Singh – Appellant
Versus
Jagraj Singh – Respondent
JUDGMENT :
Harpreet Singh Brar, J.
The present petition has been filed against the order dated 14.09.2021 passed by learned Additional Sessions Judge, Sangrur vide which the petitioner has been directed to deposit 20% of the double cheque amount under Section 143-A of the Negotiable Instruments Act, 1881 (hereinafter referred to as the NI Act'), in the case stemming from compliant No.19 dated 04.03.2013 filed under Section 138 of the NI Act.
2. Briefly, the facts, as alleged, are that the petitioner gave a cheque bearing No.917294 dated 27.12.2012 for an amount of Rs. 15,00,000/- in order to repay the debt owed by him to the respondent. However, the same was dishonoured on presentation for encashment vide memo dated 21.01.2013, with the remarks funds insufficient.' Consequently, the petitioner was convicted by the learned Judicial Magistrate Ist Class, Malerkotla, vide judgment dated 02.02.2018. The petitioner was sentenced to undergo rigorous imprisonment of two years and further directed to pay compensation under Section 357 Cr.P.C. to the tune of double of the cheque amount. Aggrieved by the same, the petitioner preferred an appeal before the learned Lower Appellate Court. The resp
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....
Amendments to legislation operate prospectively unless expressly stated otherwise; thus, provisions of Section 143-A of the Negotiable Instruments Act applied only to offenses committed post-amendmen....
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.
The main legal point established in the judgment is the distinction between Section 143A and Section 148 of the Negotiable Instruments Act and their respective applicability in directing the deposit ....
Section 143A of the Negotiable Instruments Act is prospective and cannot be applied to offences committed before its enactment.
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