2019 (11) TMI 1703

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....Act (hereinafter, 'Act') are prospective in operation or same can be applied to the proceedings, which were pending adjudication prior to introduction of aforesaid provision in the statute books. 3. Grouse of the petitioner is that since the aforesaid provision came to be inserted by way of Amendment Act No. 20 of 2018, learned Court below has erred in directing the petitioner-accused (hereinafter, 'accused') to pay an interim compensation amounting to Rs. 50,000/- in the proceedings, which admittedly came to be initiated at the behest of the respondent-complainant (hereinafter, 'complainant') in the year 2013. Averments contained in the petition reveal that a cheque baring No. 678819, dated 8.8.2013, amounting to....

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....laint under S.138 of the Act. 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.143A is prospective in operation Hon'ble Apex Court has categorically held in the aforesaid judgment that provisions of S.143A can be applied/invoked only in cases, wherein offence under S.138 was committed after introduction of S.143 in the Statute Book. Reference is made to following paras of aforesaid ju....