P.Nayagi v. D.Murugan
Case brief
What is this about?
Crl.O.P. filed to set aside interim compensation order under Section 143A NI Act. Court held Section 143A not applicable to 2017 cheque. Petition allowed, impugned order quashed, trial court directed to proceed under original sections.
What did the court decide?
Order dated 08.03.2019 in CMP.No.5420 of 2018 setting aside interim compensation is set aside. Trial court directed to complete exercise within three months.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.11.2021
CORAM
THE HON'BLE MRS. JUSTIC E T.V.THAMILSELVI
Crl.O.P.No.33017 of 2019 & Crl.M.P.No.18215 of 2019
P. Nayagi ... Petitioner/Accused
Versus
D. Murugan ... Respondent/Complainant
Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to set aside the order in CMP.No.5420 of 2018 in CC.No.323 of 2017, dated 08.03.2019 on the file of Judicial Magistrate, Thirukoilur,
For Petitioner : Mr.M.Subash Pandiyan
For Respondent : Mr. R.Ramalingam
O R D E R
This petition has been filed to set aside the order in C.M.P.No.5420 of 2018 in CC.No. 323 of 2017, dated 08.03.2019 passed by the learned Judicial Magistrate, Thirukoilur.
Issues for consideration
2 issues framed by the court
Whether Section 143A of the Negotiable Instruments Act, 1881, having come into force on 01.09.2018, applies to a cheque dishonoured in 2017.
Whether the interim compensation order passed by the Trial Court is sustainable as the Section 143A amendment is retrospective only.
Parties & counsel
- petitioner
P. Nayagi
- respondent
D. Murugan
Coram
E T.V.THAMILSELVI
Case details
As recorded by the court registry
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