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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.
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.
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