Prospective operation of interim compensation under Section 143A and retrospective appellate relief under Section 148 in cheque dishonour matters.

Section 143A of the Negotiable Instruments Act was treated as prospective and therefore unavailable for cheque dishonour prosecutions arising from offences committed before its insertion. Section 148 was noted to apply to appellate proceedings and to operate retrospectively. As the pending application had been filed only under Section 143A, the petitioner sought to withdraw the petition and pursue a fresh application under Section 148 before the appellate court. No decision was made on the merits of any Section 148 request, and the petition was withdrawn with liberty to invoke the alternate remedy.

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Issues: Whether interim compensation could be sought under Section 143A of the Negotiable Instruments Act in relation to a cheque dishonour prosecution initiated before its insertion, and whether the petitioner could seek relief afresh under Section 148 of the Act before the appellate court.

Analysis: The order records that Section 143A is prospective and cannot apply to offences committed before its introduction, while Section 148 applies to appellate proceedings and is retrospective in nature. In view of the application on record having been filed only under Section 143A, the petitioner sought permission to withdraw the petition and to pursue a fresh application under Section 148 before the appropriate forum. No adjudication on the merits of any proposed Section 148 application was undertaken.

Outcome: The petition was withdrawn with liberty to pursue the alternate remedy before the appellate court.

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