Whether provisions of Section 143A of NIA, 1881 is prospective or retrospective

FCS Deepak Pratap Singh | Last updated: 16 April 2022

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The Supreme Court of India examined whether Section 143A of the Negotiable Instruments Act, 1881, concerning interim compensation for dishonoured cheques, has a prospective or retrospective effect. The court clarified that Section 143A is prospective, meaning it applies only to offences committed after its introduction in 2018. However, Section 148, dealing with interim compensation at the appellate stage, was deemed to have a retrospective effect.

SURINDER SINGH DESWAL @ COL S S ORS VS VIRENDER GANDHI (2020) Criminal Appeal No. 1936-1963 of 2019 The Supreme Court of India As you are aware the Negotiable Instruments Act,1881 is an Act to define and amend the law relating to Promissory Notes, Bills of Exchange and Cheques. PROMISSO

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About the Author

FCS Deepak Pratap Singh

Associate Vice President - Secretarial & Compliance (SBI General Insurance Co. Ltd.)

Dear Friends, MyselfFCSDeepak P. Singh ( B.Sc.. LLB, FCS. FIII, CIAFP, CRMP, ID) , A Fellow Member of ICSI, Law Graduate ,Fellow Member of Insurance Institute of India, Certified Independent Director ,Certified Insurance Anti Fraud Professional , Certified Risk Governance Professional ( ICSI-III) and cleared Limited I ... Read more

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