INDRAPRASTHA HOLDING LTD Vs. VIJAY J SHAH

JUDGEMENT

(1.) ON the 25th July, 2005 this Revision Application was taken up for final hearing and after conclusion of hearing, today it is kept for dictation of judgment.

(2.) THE question which arises for consideration in this Revision Application is whether the provisions of the Negotiable instruments Act, 1881 (hereinafter referred to as the said Act of 1881) as amended by the negotiable Instruments (Amendment and miscellaneous Provisions) Act, 2002, (hereinafter referred to as the Amending Act)are applicable to the complaints under section 138 of the said Act of 1881 which were pending on the date on which the Amending act came into force.

(3.) WITH a view to appreciate the submissions made by the Counsel appearing for the parties, it will be necessary to refer to facts of the case. The Applicant is the complainant in a complaint under section 138 of the said Act of 1881. The Respondent No. 1. is the accused in the complaint. The complaint was filed in October, 2001 in the Court of the learned Additional Chief Metropolitan magistrate, 3rd Court at Mumbai. Process was issued on the complaint. In the said complaint, the Applicant filed an affidavit of evidence on 06th May, 2004. Thereafter, an Application was made by the Respondent No. 1 under section 145 (2) of the said Act of 1881. The said Application came to be rejected by order dated 26th October, 2004. A Revision application was preferred by the Respondent no. 1 for challenging the said order. By judgment and Order dated 12th April, 2005, the Revision Application was allowed by the learned Additional Sessions Judge. The learned Additional Sessions Judge held that as the Amending Act was brought into force on 06th February, 2003 i. e. after the date on which the complaint was filed, the Amended Act will apply prospectively unless otherwise made enforceable retrospectively. Therefore, the learned Additional Sessions Judge directed the learned Trial Judge to follow the procedure which was prevailing on the date of filing of the complaint.