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TMI Blog2022 (1) TMI 1480X X X X Extracts X X X X X X X X Extracts X X X X ..... o allow the instant miscellaneous petition on the following terms that the provision contained in Section 143 of the Negotiable of Instruments Act has no retrospective application as decided by the Hon'ble Supreme Court in G.J. Rana Vs. Tejraz Surana [2019 (8) TMI 91 - SUPREME COURT]. The Hon'ble Supreme Court, after analysis of the provision has ruled that Section 143 is prospective in op ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e provisions of law.
Petition allowed. X X X X Extracts X X X X X X X X Extracts X X X X ..... o deposit interim compensation is made by the Court to the accused and the same does not affect the right of the complainant in any manner. There would be no need to hear the complainant in this case, its a pure legal question. If notices are issued to the complainant by staying the operation of order dated 04.04.2019 surely it would adversely effect the right of the complainant as the trial would ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ision has ruled that Section 143 is prospective in operation and that the provisions of Section 143-A can be applied or invoked only in cases where the offence under Section 138 of the Act was committed after the introduction of said Section 143-A under the statute book. Indisputably the cheque dated 09.06.2017 was dishonored and it is evident that the cause of action had arisen prior to the comme ..... X X X X Extracts X X X X X X X X Extracts X X X X
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