Dated this the 5^th day of November 2019

Annexure-C order passed by Judicial First Class

Magistrate Court-II (Additional Munsiff), Kasaragod in C.M.P

No.647/2018 in C.C No.311/2018 is under challenge in the

proceedings on hand. C.M.P No.647/2018 was an application

filed by the complainant, in C.C No.311/2018, a prosecution

launched by him under Section 142 of the Negotiable

Instruments Act,1881 (for short, 'the N.I Act'). The

application was filed under Section 143A N.I Act. The prayer

in the application was that the complainant is entitled to get

20% of the cheque amount as interim compensation under

Section 143A N.I Act. The application was opposed by the

accused, the respondent herein, stating that the petitioner is

not entitled to get the relief sought by him. It was contended

that the cause of action to launch the prosecution was

originated and the complaint filed for the purpose was taken

cognizance of in the year 2008. Circumstances being so,

Section 143A introduced into N.I Act by Negotiable

3

Instruments (Amendment) Act, 2018 which in view of its

prospective operation with effect from 01.09.2018, cannot be

invoked to direct deposit of interim