Ordinance, with effect from 15.6.2015 as well as
provisions contained in Sec.142A as inserted in the principal Act as
per the said amendment Ordinance ... where they were originally
filed and the non-obstante clause of Sec. 142A of the N.I. Act as
inserted by the Amendment Ordinance covers
case and dispose of the same in
view of section 142A of the Negotiable Instruments Act
iii) Award cost of this petition
And
iv) Grant ... which sub
section (2) of Sec. 142 and Sec. 142A have been inserted, which read as
follows:
" Sec. 142 : Cognizance of offences.-(1) Notwithstanding
held that
in view of the subsequent amendment brought about to Sec.142A of the
Act, resort to the provisions contained ... necessary in such cases in
view of the provisions contained in Sec.142A which contained the non
obstante clause thereto which covers the pending cases
view of the enactment of sub-sec.(2) of
Sec.142 and 142A as per the amended provisions ... above said Division Bench Ruling that the non
obstante clause in Sec.142A of the N.I. Act, as inserted by the Ordinance,
covers cases
submission made by the counsel. The non
obstante clause in S.142A of the N.I. Act, as inserted by the Ordinance, covers cases
pending ... Reasons appended to the
Amendment Bill. Sub-section (1) of S.142A of the N.I. Act would make the position
clear that
Instruments Act , made effective from
15.6.2015 by inserting Secs.142(2) & 142A of the said Act, which read as
follows:
" Sec.142 : Cognizance ... case may be, maintains the account.
xxx xxx xxx
Sec.142A : Validation for transfer of pending cases.-- (1)
Notwithstanding anything contained in the Code
Negotiable Instruments Act as per
Section 142(2) as well as Section 142A , made effective from 15.6.2015,
the prayer for transfer is untenable ... insert subsection (2) to
Section 142 as well as Section 142A thereof. Sub-Section (2) of Section
142 and sub-section (1) of Section 142A
course, as the case may be, maintains the account."
Sec.142A as inserted in the principal Act, by the said
Amendment reads as follows ... 142A .- (1) Notwithstanding anything contained in the
Code of Criminal Procedure , 1973 (2 of 1974) or any judgment,
decree, order or directions of any Court
E.K. Jaleel vs The State Of Kerala on 28 June, 2017
Author: Alexander Thomas
newly
inserting sub section (2) of Sec.142 and Sec.142A thereof with effect
Crl.M.C.384/17 & C.C. - : 2 :-
from ... held in para 19 thereof that the non
obstante clause in Sec.142A(1) of the N.I. Act covers cases pending
before any court
