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VIVEK RUSIA
Shri Hari Public School Education Committee – Appellant
Versus
Neeraj Dixit – Respondent
ORDER
1. Petitioner has filed this present petition challenging the order dated 27.8.2024 passed by the III Additional Sessions Judge, Indore whereby the order dated 23.11.2023 passed by the Judicial Magistrate First Class, Indore in SCNIA No. 3839/2018 rejecting the application under section 143A of the Negotiable Instruments Act, 1881 ('N.I.Act' for short) has been set aside.
2. Facts of the case in short are that the respondent filed a complaint under section 138 of the N.I.Act before the Court of JMFC, Indore. According to the respondent/complainant, petitioners demanded Rs. 39,00,000/- for expansion, construction and other works of the school from the respondent who was working as the Principal of the petitioner No. 1/school. Having close relation with the petitioners, respondent gave Rs. 39,00,000/- to the petitioners for a short period. In order to return the aforesaid amount, petitioners issued two cheques bearing No. 000286 dated 25.4.2018 and 000287 dated 30.4.2018 of Rs. 19,50,000/- each in favour of the respondent. Respondent presented the aforesaid cheques in his bank account and they were transferred to the bank account of the petitioners but both the cheques were disho
Section 143A of the Negotiable Instruments Act is prospective and cannot be applied to offences committed before its enactment.
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.
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....
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