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Judgment
4 paragraphs · 180 wordsYogendra Kumar Purohit, J
“4. With effect from 01.09.2018, Section 143A was inserted in the Act by Amendment Act 20 of 2018.Said Section is to the following effect:-
“143A. Power to direct interim compensation. – (1) Notwithstanding any thing contained in the Code of Criminal Procedure, 1973 (2 of 1974), the Court trying an offence under section 138 may order the drawer of the cheque to pay interim compensation to the complainant – ------------
In the ultimate analysis, we hold Section 143A to be prospective in operation and that the provisions of said Section 143A can be applied or invoked only in cases where the offence under Section 138 of the Act was committed after the introduction of said Section 143A in the statute book. Consequently, the orders passed by the Trial Court as well as the High Court are required to be set aside. The money deposited by the Appellant, pursuant to the interim direction passed by this Court,shall be returned to the Appellant along with interest accrued thereon within two weeks from the date of this order.”