Case Note & Summary
The case involves a Criminal Revision Application filed by M/s. Indraprastha Holdings Ltd., the complainant in a complaint under Section 138 of the Negotiable Instruments Act, 1881, against the order of the Additional Sessions Judge. The complaint was filed in October 2001 in the Court of the Additional Chief Metropolitan Magistrate, Mumbai. Process was issued, and the complainant filed an affidavit of evidence on 06.05.2004. The accused (Respondent No.1) filed an application under Section 145(2) of the Act, which was rejected on 26.10.2004. The accused preferred a revision, and the Additional Sessions Judge allowed it on 12.04.2005, holding that the Amending Act of 2002, which came into force on 06.02.2003, applies prospectively and not to complaints filed before that date. The complainant challenged this order. The High Court examined the issue of whether the amendments, particularly Section 145, apply to pending complaints. The court noted that the amendments are procedural in nature and intended to expedite trials. Relying on the principle that procedural laws apply retrospectively unless expressly made prospective, the court held that the Amending Act applies to all pending complaints under Section 138, including those filed before 06.02.2003. The court set aside the order of the Additional Sessions Judge and restored the trial court's order rejecting the application under Section 145(2). The revision application was allowed.
Headnote
A) Criminal Procedure - Negotiable Instruments Act - Retrospective Application of Amendments - Sections 138, 145, Negotiable Instruments Act, 1881 read with Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002 - The question was whether the amended provisions, particularly Section 145, apply to complaints pending on the date the Amending Act came into force (06.02.2003). The court held that the amendments are procedural and apply retrospectively to all pending complaints, including those filed before the amendment. The learned Additional Sessions Judge erred in holding that the amendments apply only prospectively. (Paras 2, 4-5)
Issue of Consideration
Whether the provisions of the Negotiable Instruments Act, 1881 as amended by the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002 are applicable to complaints under Section 138 of the said Act which were pending on the date on which the Amending Act came into force.
Final Decision
The High Court allowed the revision application, set aside the order of the Additional Sessions Judge dated 12.04.2005, and restored the order of the trial court dated 26.10.2004 rejecting the application under Section 145(2). The court held that the amended provisions of the Negotiable Instruments Act, 1881 apply to all pending complaints under Section 138, including those filed before the Amending Act came into force.
Law Points
- Retrospective application of procedural amendments
- Applicability of amended Section 145 to pending complaints
- Negotiable Instruments Act
- 1881
