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TMI Blog2019 (8) TMI 1358X X X X Extracts X X X X X X X X Extracts X X X X ..... herefore, the sole issue involved in the present case is as to whether the provisions of Section 143-A will apply to a pending complaint under section 138 of Act. The issue has been concluded in the case of G.J. RAJA VERSUS TEJRAJ SURANA [ 2019 (8) TMI 91 - SUPREME COURT ] where it was held that provisions of Section 143A are prospective in nature and can be applied or invoked only in case where the offence under Section 138 of the Act was committed after the introduction of said Section 143A in the Statute Book. The said Section was inserted in the statute Book on 1/9/2018 whereas in the present case the offence was committed much prior to that. Hence the provisions of Section 143A will not be attracted in the present case. Petition allowed. - Misc. Petition No. 1088/2019 - - - Dated:- 22-8-2019 - Shri Justice Prakash Shrivastava For the Petitioners : Shri R.S. Chhabra alongwith, Shri Mudit Maheshwari learned counsel For the Respondent : Shri D.M. Shah learned counsel ORDER By this Misc. Petition under Article 227 of the Constitution of India the petitioners have challenged the order of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o coming into force of amended provision section 143-A, of the Act, therefore, the sole issue involved in the present case is as to whether the provisions of Section 143-A will apply to a pending complaint under section 138 of Act. 8/ The aforesaid issue has been concluded by Hon'ble Supreme court by order dated 30th July 2019 passed in criminal appeal no.1160/2019 in the matter of G.J. Raja Vs. Tejraj Surana wherein it has been held that: 14. In the present case, the Complaint was lodged in the year 2016 that is to say, the act constituting an offence had occurred by 2016 whereas, the concerned provision viz. Section 143A of the Act was inserted in the statute book with effect from 01.09.2018. The question that arises therefore is whether Section 143A of the Act is retrospective in operation and can be invoked in cases where the offences punishable under Section 138 of the Act were committed much prior to the introduction of Section 143A. We are concerned in the present case only with the issue regarding applicability of said Section 143A to offences under Section 138 of the Act, committed before the insertion of said Section 143A. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rospective operation may be culled out as follows: (i) A statute which affects substantive rights is presumed to be prospective in operation unless made retrospective, either expressly or by necessary intendment, whereas a statute which merely affects procedure, unless such a construction is textually impossible, is presumed to be retrospective in its application, should not be given an extended meaning and should be strictly confined to its clearly defined limits. (ii) Law relating to forum and limitation is procedural in nature, whereas law relating to right of action and right of appeal even though remedial is substantive in nature. (iii) Every litigant has a vested right in substantive law but no such right exists in procedural law. (iv) A procedural statute should not generally speaking be applied retrospectively where the result would be to create new disabilities or obligations or to impose new duties in respect of transactions already accomplished. (v) A statute which not only changes the procedure but also creates new rights and liabilities shall be construed to be prospective in operation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion for the offence in question, he could be made to pay or deposit interim compensation. The imposition and consequential recovery of fine or compensation either through the modality of Section 421 of the Code or Section 357 of the code could also arise only after the person was found guilty of an offence. That was the status of law which was sought to be changed by the introduction of Section 143A in the Act. It now imposes a liability that even before the pronouncement of his guilt or order of conviction, the accused may, with the aid of State machinery for recovery of the money as arrears of land revenue, be forced to pay interim compensation. The person would, therefore, be subjected to a new disability or obligation. The situation is thus completely different from the one which arose for consideration in Employees State Insurance Corporation case. 21. Though arising in somewhat different context, proviso to Section 142(b) which was inserted in the Act by Amendment Act 55 of 2002, under which cognizance could now be taken even in respect of a complaint filed beyond the period prescribed under Section 142(b) of the Act, was held to be prospect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t as well as the High Court are required to be set aside. The money deposited by the Appellant, pursuant to the interim direction passed by this Court, shall be returned to the Appellant along with interest accrued thereon within two weeks from the date of this order. 25. The Appeal is allowed in aforesaid terms. 9/ In the above judgment it has been held that provisions of Section 143A are prospective in nature and can be applied or invoked only in case where the offence under Section 138 of the Act was committed after the introduction of said Section 143A in the Statute Book. The said Section was inserted in the statute Book on 1/9/2018 whereas in the present case the offence was committed much prior to that. Hence the provisions of Section 143A will not be attracted in the present case. 10/ In view of the aforesaid pronouncement of Hon'ble Supreme court the respondent is not entitled to the benefit of order of the Coordinate Bench dated 22/2/2019 passed in M.Cr.C. No. 7943/2019 in the case of Padmesh Gupta. 11/ Hence the Misc. Petition is allowed and impugned order dated 26th December 2018 passed by trial co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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