VASUDEVA KURUP Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition is filed by the petitioner, a practising Advocate praying for a writ of mandamus and - or any other appropriate writ, order or direction ordering respondent No. 1, Union of India, other respondents as also courts of law everywhere in India, not to take cognizance of any case or proceeding under S.138 to 142 of the Negotiable Instruments Act, 1881 as amended by the Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988 (Act 66 of 1988).

(2.) The petitioner is a citizen of India. He is a lawyer by a profession, practising in the High Court of Bombay as well as in the other courts in Bombay since 1966. He has approached this Court in public interest litigation by filing this petition for seeking a direction from this Court which would prevent illegal prosecution and thus benefit general public all over India.

(3.) The case of the petitioner is that the Negotiable Instruments Act, 1881 was enacted and came into force in December, 1881. It deals with Negotiable Instruments, such as Promissory Notes, Bills of Exchange, Cheques, etc. The said Act will hereinafter be referred to as the original Act. By the Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988 (hereinafter be referred to as the Amending Act), certain amendments were made by Parliament in the Original Act. It, inter alia inserted Chap.17 (Of Penalties in case of Dishonour of certain cheques for insufficiency of Funds in the Accounts) contained in S.138 to 142. The petitioner, however, states before this Court that by the Repealing and Amending Act, 2001 (Act 30 of 2001), published in the Gazette of India, on September 3, 2001, certain statutes were repealed as shown in the First Schedule. Several statutes were mentioned in the said Schedule along with the extent of repeal. At Serial No. 66, the Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988, is referred to and it is stated that it is repealed as the whole.