Amendment of negotiable instruments act.
pushpakrishna
(Querist) 07 August 2018
This query is : Resolved
Dear experts
On 2nd August, 2018 an official Gazette came in to force as negotiable instruments act (Amendment) 2018.
If a person filed a complaint u/s138 of ni ACT already in the court of law.
Hence I requst you that whether the amendment is retrospective or prospective.
Kundly let me know the details of the same.
Thanq in advance..
Vijay Raj Mahajan
(Expert) 07 August 2018
Amendment in Act is always prospective never retrospective.
The amendment is with regard to interim compensation relief during pendency of complaint under section 138 NI Act, even for any already pending case the complainant can move application under 143A new section in NI Act for interim compensation for the complainant.
pushpakrishna
(Querist) 07 August 2018
Thank you very much Mr. Vijay Raj Mahajan for your quick response but with out filing a petition under section 143A of ni Act can a court grant interim relief?
Kindly eloberate on this.
Thank you experts in advance..
pushpakrishna
(Querist) 07 August 2018
Thank you very much Mr. Vijay Raj Mahajan for your quick response but with out filing a petition under section 143A of ni Act can a court grant interim relief?
Kindly eloberate on this.
Thank you experts in advance..
Dr J C Vashista
(Expert) 08 August 2018
There is no such clause/provision in Section 143A of the Negotiable Instruments Act, 1881 (Amendment Act, 2018) to be effective retrospectively and can be invoked for the cases pending before various Courts.
Kumar Doab
(Expert) 09 August 2018
GO thru the amendment;
This Act may be called the Negotiable Instruments (Amendment) Act, 2018.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. In the Negotiable Instruments Act, 1881 (hereinafter referred to as the principal Act), after section 143, the following section shall be inserted, namely:—
143A. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the Court trying an offence under section 138 may order the drawer of the cheque to pay interim compensation to the complainant— (a) in a summary trial or a summons case, where he pleads not guilty to the accusation made in the complaint; and (b) in any other case, upon framing of charge. (2) The interim compensation under sub-section (1) shall not exceed twenty per cent. of the amount of the cheque
The amendment is not retrospective..
The relief that can be provided is made CLEAR.
Kumar Doab
(Expert) 09 August 2018
The scope is made crystal clear.
148. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, in an appeal by the drawer against conviction under section 138, the Appellate Court may order the appellant to deposit such sum which shall be a minimum of twenty per cent. of the fine or compensation awarded by the trial Court: Provided that the amount payable under this sub-section shall be in addition to any interim compensation paid by the appellant under section 143A.
pushpakrishna
(Querist) 12 January 2019
Dear experts
When I filed an interim petition under section 143A for 20 percent of interim petition on behalf of my clients per recent amendment the honorable judicial magistrate simply dismissed.
Give me an advice on this regard.
Thanq in advance.
