“The above decisions give us the test to determine whether a statute is prospective or retrospective in operation. Provisions which creates a new right or imposes new obligation on the parties are presumed to be prospective unless the legislature provides otherwise expressly or by necessary implication. Section 143 A of N.I Act imposes a new obligation on the drawer of a cheque to pay interim compensation to the complainant. Hence, it creates a new right in favor of the complainant which he can agitate before a court of law having jurisdiction. So, in my view, section 143 A of NI Act cannot have retrospective operation so as to affect the right of parties in the above case. The argument of learned counsel for the petitioner that Section 143 A is applicable to the above accused since the plea of not guilty of accused was recorded after Section 143 A came into operation, is seems to me as not sustainable. In my view date of recording plea of not guilty is not relevant for the purpose of section 143 A, I think, clause (a) only indicate the stage at which the court can exercise its powers u/s 143 A. Hence I am in agreement with the submission made by the learned counsel for the respondent. That apart, after a perusal the documents including the cheque in the above case, I feel that this is not fit case in which 143 A of N.I Act can be invoked. Therefore, the point is answered against the petitioner.
