NDLI: G. .j. Raja Vs. Tejraj Surana

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Operation of s.143A 1881 Retrospective or prospective Amendment Act Negotiable Instruments Act 2018
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Negotiable Instruments Act, 1881 (26 of 1881)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Negotiable Instruments Act, 1881 – s.143A inserted by Amendment Act, 2018 w.e.f 01.09.2018 – Operation of – Retrospective or prospective – On 04.11.2016 Respondent filed complaint stating that two cheques of Rs.20,00,000/- and Rs.15,00,000/- were issued by the appellant in his favour, however the cheques were dishonoured –s.143A was inserted in the Act by Amendment Act, 2018, w.e.f 01.09.2018 – In terms of s.143A, the Trial Court ordered that 20% of the cheque amount be made over by the Appellant to the Respondent as interim compensation and directed the appellant to pay to the Respondent a sum of Rs.7,00,000/ - – High Court upheld the order but reduced the percentage from 20% of the cheque amount to 15% of the cheque amount – Held: Sub-Sec.(5) of s.143A stipulates that the interim compensation could be recovered as if it were a fine u/s. 421, CrPC – s.421 appears in Chapter XXXII of the Code dealing with ‘Execution, Suspension, Remission and Commutation of Sentences’ – By very context and the language of the provisions contained in the Chapter, they apply in cases where the guilt of an accused is determined and he is convicted of an offence punishable with sentence and/or fine – Part-C of the Chapter deals with ‘Levy of Fine’ and s.421 appearing in the said Part inter alia states that fine could be recovered either by warrant of attachment or sale of movable property belonging to the offender – In case an accused, against whom an order to pay interim compensation u/s.143A is passed, fails or is unable to pay the same, the process u/s.421 can be taken resort to which may inter alia result in coercive action of recovery of the amount of interim compensation as if the amount represented the arrears of land revenue – In the present case, the complaint was lodged in 2016 – Thus, the act constituting an offence had occurred by 2016 whereas, the concerned provision viz. s.143A was inserted w.e.f 01.09.2018 – Prior to the insertion of s.143A there was no provision on the statute book whereunder even before the pronouncement of the guilt of an accused, or even before his conviction for the offence in question, he could be made to pay or deposit interim compensation – Person would, therefore, be subjected to a new disability or obligation – Applicability of s.143A prospective in nature and confined to cases where offence u/s.138 was committed after its introduction – Orders passed by the Trial Court and the High Court set aside – Money deposited by the appellant pursuant to the interim direction passed by Supreme Court be returned to the appellant along with interest accrued – Code of Criminal Procedure, 1973 – ss.357 and 421 – Negotiable Instruments (Amendment) Act, 2018 – Interpretation of Statutes.
Judge	Honble Mr. Justice Uday Umesh Lalit
Neutral Citation	2019 INSC 838
Petitioner	G. .j. Raja
Respondent	Tejraj Surana
SCR	[2019] 10 S.C.R. 910
Judgement Date	2019-07-30
Case Number	1160

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