Back
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VISHAL DHAGAT
Surendra Mohan Singh, S/o. Shri Parsuram Singh – Appellant
Versus
Rajendra Prasad Soni, S/o. Pannalal Soni – Respondent
ORDER :
VISHAL DHAGAT, J.
Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure challenging order dated 24.12.2018 by which trial Court has directed the accused to deposit interim compensation under Section 143 -A(2) of the Negotiable Instruments Act, 1881.
2. Learned counsel appearing for the petitioner submitted that amendment was brought into force on 01.09.2018. Complaint case was filed on 25.08.2018. Said amendment will not operate in case of petitioner. Amendment Act of 2018 will only operate prospectively. In these circumstances, trial Court has committed an error of law in allowing the application for deposit of interim compensation i.e. 20% of the cheque amount.
3. Heard the counsel for the petitioner.
4. Perused the Section 143 -A of the Negotiable Instruments (Amendment) Act, 2018 (20 of 2018). As per said Amendment Act, trial Court is vested with power to direct accused person to deposit interim compensation not exceeding 20% of the amount of the cheque. Section 143 -A (3) provides that interim compensation shall be paid within sixty days from the date of order under Sub-section (1) and Court may also extend the said period if sufficien
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 the distinction between Section 143A and Section 148 of the Negotiable Instruments Act and their respective applicability in directing the deposit ....
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 court emphasized the importance of considering the specific provisions of Section 143-A of the Negotiable Instruments Act when ordering interim compensation in cases of cheque dishonor.
Discretionary orders under Section 143 A (1) of the Negotiable Instruments Act must be supported by reasons, as orders without reasons are illegal and subject to being set aside.
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
