Hello,
Yes you can now file an application for inter Payment in furtherance to the new amendment in the act. It is a settled law, no specific judgment available as of new since the provisions have been inserted recently.
Regards
Sec 143 A
I File a case under Sec 138 NI act on Dt-16.02.2018, Can I appeal under section 143 A or 148 now, Can Sec 143A / 148 applicable to pending cases in trial courts u/s 138 N. I. Act ? Is there any case law to support its application to pending cases when there is no indication in the inserted section whether it is prospective or retrospective. Plz tell about Civil Law for cheque bounces...
Asked 5 years ago in Criminal Law
Religion: Hindu
7 Answers
Hi,
You have not mentioned what is the stage of case 138 NI Act pending in court. You may file the separate case under section 143, 143A etc. as per the circumstances of the case.
No the amendment is not retrospectively applicable .It is applicable only after the date amendment came into force .
Section 143A of NI act can be applicable to pending cases in trial courts under section 138 NI
Hi, the complaint under 138 NI Act , is a criminal offence and it is governed by criminal procedure code not civil law...
Amendment in Act is always prospective never retrospective. The amendment is with regard to interim compensation relief during pendency of complaint under section 138 NI Act, even for any already pending case the complainant can move application under 143A new section in NI Act for interim compensation for the complainant.
If there is no specific mention about retrospective effect any law enacted, then it can be construed that it is having prospective effect only.
The amendment came into effect during August 2018 only, hence it may not be applicable to your pending case.
