KASIAMMAL Vs. SECRETARY, GOVERNMENT OF INDIA

JUDGEMENT

(1.) The instant writ petitions have been filed to declare Section 142(2) of the Negotiable Instruments (Amendment) Act, 2015 as unconstitutional and against the principles of natural justice.

(2.) This Bench had an occasion to deal with a similar challenge to the same Section which was raised on the ground that the said Section sets at naught the judgment of the Honourable Supreme Court in the case of Dashrath Rupsingh Rathod v. State of Maharastra , 2014 AIR(SC) 3519, wherein, this Bench after looking into the reason as to why amendment was made, rejected the contention holding that legislature can take away the basis of the judgment by either re-enacting, amending or introducing a section.

(3.) In the present case, the instant Section is being challenged on yet another ground, namely, it takes away the right of the affected party to effectively contest the prosecution which has been launched at a place which is far away from the place where the accused resides.