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TMI Blog2007 (12) TMI 528X X X X Extracts X X X X X X X X Extracts X X X X ..... nded. There is nothing in the amendment made to Section 142(b) by the Act 55 of 2002 that the same was intended to operate retrospectively. In fact that was not even the stand of the respondent. Obviously, when the complaint was filed on 28.11.1998, the respondent could not have foreseen that in future any amendment providing for extending the period of limitation on sufficient cause being shown would be enacted. That being so the High Court's view is clearly unacceptable. The impugned order of the High Court is set aside. The proceeding pursuant to respondent's complaint i.e. Complaint in the Court of JMIC, Chandigarh, is quashed. The appeal is allowed. - Dr. Arijit Pasayat and Aftab Alam, JJ. For the Appellant : Gagan Gupta, Gur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sider the order issuing process; once process has been issued pursuant to an order passed in a complaint case. Appellant filed a petition in terms of Section 482 Cr.P.C. which as noticed above was dismissed. It is to be noted that the only stand of the appellant before the High Court was that even if the position as stated by the respondent is accepted to be correct, in view of Section 142B of the Act, a complaint was not to be entertained. High Court dismissed the application on the ground that proviso of Section 142(b) of the Act was inserted vide Act 55 of 2002 which empowered the court to extend the period of limitation on sufficient cause being shown. Therefore, the petition was to be dismissed. 3. In support of the appeal, learned Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier; (b) the payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice in writing, to the drawer of the cheque, within fifteen days of the receipt of information by him from the bank regarding the return of the cheque as unpaid; and (c) the drawer of such cheque fails to make the payment of the said amount of money to the payee or as the case may be, to the holder in due course of the cheque within fifteen days of the receipt of the said notice. Explanation - For the purposes of this section, debt or other ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of the drawer, recourse to which, normally, is taken out of compulsion and not choice. On each presentation of the cheque and its dishonour, a fresh right-and not a cause of action - accrues in his favour. He may, therefore, without taking preemptory action in exercise of his such right under Clause (b) of Section 138, go on presenting the cheque so as to enable him to exercise such right at any point of time during the validity of the cheque. 7. Section 5 of the General Clauses Act, 1897 (in short the 'General Clauses Act') also throws considerable light on the controversy. Section 5 reads as follows: 5. Coming into operation of enactments - (1) Where any Central Act is not expressed to come into operation on particular day, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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