Section 143A NI Act (Interim Compensation) Has No Retrospective Effect, Section 148 Has: Punjab & Haryana HC [Read Judgment]

Ashok Kini

12 April 2019 8:22 PM IST

  • Section 143A NI Act (Interim Compensation) Has No Retrospective Effect, Section 148 Has: Punjab & Haryana HC [Read Judgment]

    "At the stage of trial, the provision of Section 143-A of the Act has created a new 'obligation' against the accused, which was not contemplated by the existing law and which created a substantive liability upon him, whereas the provision of Section 148 of the Act only reiterated; and to some extent modified in favour of the appellant, the procedure of recovery already existing in the statute book."

    The Punjab and Haryana High Court has held that the Section 143A of the Negotiable Instruments Act has no retrospective effect whereas the Section 148 will apply to the pending appeals pending on date of enforcement of this provision. Justice Rajbir Sehrawat observed that the Section 143-A of the Act has created a new 'obligation' against the accused, which was not contemplated by...

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