July 17, 2019:
Madras High Court has held that complainant is entitled to claim interim compensation even in pending cases as newly introduced section 143A has retrospective effect.
We had earlier brought to you different stories related to claim of interim compensation in cheque bounce cases. Most of the stories show that different High Courts have favoured retrospective effect of the provision.
For the convenience of readers, we are providing the details of our earlier stories here.
In favour of complainant, please read here:
In favour of accused, please read here:
Coming to the case in hand, a bench of Justice Venkatesh has passed the order in the case titled as L.G.R.Enterprises vs P.Anbazhagan on 12.07.2019.
The High Court observed "The effect of Section 143A of the Negotiable Instruments Act regarding its applicability to the pending cases, need not require a very detailed discussion and this Court can safely adopt the very same reasoning given by the Hon'ble Supreme Court in the above judgment. The amendment through which Section 143A was brough into force will be applicable even pending proceedings. If such a purposive interpretation is not given to this provision, it will defeat the very purpose of amendment which was brought in as a beneficial piece of legislation for the complainant prosecuting a criminal complaint under Section 138 of the Negotiable Instrument Act".
Read the Order here:
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