Interim Order 1

Pdf Text: 1 C. C. No. 1329/SS/2018
ORDER BELOW APPLICATION U/S.143A OF N.I. ACT.
1. This is an application made by complainant under Section
143-A of the Negotiable Instrument Act with the prayer that accused be
directed to pay 20 % of cheque amount towards interim compensation
to complainant.
2. Present complaint is made on 13/03/2018. Obviously
cause of action for filing this complaint is arose subsequent to expiry of
15 days after receipt of demand notice by the accused. It is held by the
Hon'ble Apex Court in the case of G.J. Raja V/s. Tejraj Surana arising
out of Criminal Appeal No.1160 of 2019 @ S.L.P. (Criminal) No.3342 of
2019 decided on 30/07/2019 that Section-143A of the Negotiable
Instruments Act is prospective in operation. The provisions of Section-
143A can be applied or invoked only in cases where the offence u/s.138
of the Act was committed after the introduction of said Section-143A in
the statute book.
3. As stated above, in the present matter being the offence is
committed prior to introduction of Section-143A in a statute book, said
provision can't be made applicable. Hence, rejected.
Sd/-
(Ketaki M. Chavan)
Metropolitan Magistrate,
Date : 01/11/2019 63rd Court, Andheri, Mumbai.
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