RAJENDRA SINGH SHARMA Vs. GANESH KUMAR

JUDGEMENT

(1.) The issue involved in this petition is "whether the amended provision contained under Sec. 143A of the Negotiable Instruments Act, 1881 would apply on the complaint filed prior to enactment and enforcement of this provision?"

(2.) Since, common question of law and facts are involved in these petitions. Hence, with the consent of the counsel for the parties, all these matters have been taken for final disposal and the same are decided by this common order.

(3.) Learned counsel for the petitioner submits that the respondent-complainant (hereinafter referred to as the complainant) has submitted three different complaints against the accused-petitioner (hereinafter referred to as the petitioner) for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the 'Act of 1881') on three different occasions i.e. on 28/8/2017, 1/4/2017 and 11/8/2017. Counsel submits that at the time of filing of the complaints under Sec. 138, there was no provision for the payment of interim compensation of 20% of the cheque amount to the complainant under the Act of 1881.