Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

Court Rules Section 143A of NI Act for Interim Compensation in Cheque Bounce Cases Applies Only After September 2018

HC ruled on the applicability of Section 143A of Negotiable Instruments Act, 1881, which allows courts to direct drawer of dishonored cheque to pay interim compensation up to 20% of cheque amount. Following G.J. Raja vs. Tejraj Surana precedent, court held Section 143A operates prospectively from September 1, 2018, and cannot be applied retrospectively to complaints filed before this date. Distinguished from Section 148 which applies retrospectively per Surinder Singh Deswal ruling. Court emphasized that prior to Section 143A's insertion, no provision existed for interim compensation before conviction under Section 138. Petition challenging retrospective application was allowed, confirming Section 143A applies only to post-September 2018 complaints. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates