Supreme Court of India · 2008-08-01
Subodh S. Salaskar vs Jayprakash M. Shah & Anr
- Citation / case number
- AIR 2008 SUPREME COURT 3086
- Court
- Supreme Court of India
- Petitioner
- Subodh S. Salaskar
- Respondent
- Jayprakash M. Shah & Anr
- Author
- S.B. Sinha
- Bench
- Cyriac Joseph, S.B. Sinha
Judgment text excerpt
The Supreme Court addressed whether the proviso to Section 142 of the Negotiable Instruments Act, 1881, is retrospective, ruling that the amendment allows for the condonation of delays in filing complaints under Section 138. The Court upheld the High Court's decision that the complaint was not barred by limitation and that the Magistrate had the authority to issue process under Section 420 IPC based on sufficient averments. The appeal was dismissed, affirming the lower court's findings regarding the complaint's maintainability and the amendment's applicability.