REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1190 OF 2008 [Arising out of SLP (Crl.) No. 541 of 2008]

Subodh S. Salaskar …Appellant Versus Jayprakash M. Shah & Anr. …Respondents J U D G M E N T S.B. SINHA, J :

1. Leave granted.

2. Whether the proviso appended to Section 142 of the Negotiable Instruments Act, 1881 (for short “the Act”) inserted by the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002, is retrospective in operation is the question involved in this appeal which arises out of a judgment and order dated 19.10.2007 passed by the High Court of Judicature at Bombay in Criminal Writ Petition No. 330 of

2007.

3. The relationship between the parties hereto was that of a borrower and creditor. A financial loan of Rs. 1,70,000/- was obtained by the appellant in 1996 from the respondent No. 1, which according to him has been paid off. Two post dated cheques, one bearing No. 460157 dated 6.12.1996 for a sum of Rs. 26,900/- and the other bearing No. 460158 dated 28.09.2000 for a sum of Rs. 1,70,000/-, however, were handed over to him.

4. Appellant contends that the amount of loan was repaid in cash. Admittedly, the