TaxTMI 
TaxTMI 
2022 (1) TMI 4
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.... dated 22.10.2021, titled as Smt. Ramanjeet Chadha v. Sh. Mahender Kumar Pathak, whereby the learned court below while allowing application under Section 145(2) of the Negotiable Instruments Act (in short, 'the Act'), having been filed by the petitioner-accused (hereinafter, 'accused'), also directed him to deposit interim compensation to the tune of Rs. 42,600/- i.e. equivalent to 15% of the amount in cheque, within a period of sixty days. 3. Precise question, which needs to be adjudicated in the present case, is "whether the provisions of Section 143-A of the Act are prospective in operation and same can be applied to the proceedings, which were pending adjudication prior to introduction of the aforesaid provision in the ....
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....469, has held that Section 143-A is prospective in operation and provisions contained in the Section can be applied/invoked only in cases where offence under Section 138 of the Act was committed after introduction of Section 143 in the Statue Book. Relevant paras of the judgment rendered in Vinod Kumar's case (supra) read as under:- "5. Leaving everything aside, S. 143A, whereby provision has been provided for payment of interim compensation during the pendency of proceedings under S. 138 of the Act, came into force with effect from 1.9.2018, by way of Amending Act No. 20 of 2018. 6. Hon'ble Apex Court in case titled G.J. Raja vs. Tejraj Surana, Cr. Appeal No. 1160 of 2019, decided on 30.7.2019, has categorically held that S. 14....
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....lity of the nature similar to that created by Section 143A of the Act. Therefore, the decision of this Court in Surinder Singh Deswal5 stands on a different footing. 24. In the ultimate analysis, we hold Section 143A to be prospective in operation and that the provisions of said Section 143A 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 143A in the statute book. Consequently, the orders passed by the Trial Court as well as the High Court are required to be set aside. The money deposited by the Appellant, pursuant to the interim direction passed by this Court, shall be returned to the Appellant along with interest accrued thereon within two weeks ....