Dishonour of cheque - Condonation of delay in filing complaint - Provision of S. 142 (b) of NI Act, cannot be considered to be effective with retrospective effect. (Allahabad High Court)

A substantive law in absence of express provision cannot be given a retrospective effect.

Negotiable Instruments Act, 1881 Sections 138 and 142(b) Dishonour of cheque - Criminal Revision challenging order passed by Learned Additional Sessions Judge whereby conviction and sentence passed by Trial Court was set aside - Held that proviso of Section 142(b) of Negotiable Instruments Act was inserted by Act of 2002 and it contained a substantive provision and not a procedural one - It could not have given a retrospective effect - A substantive law in absence of express provision cannot be given a retrospective effect or retrospective operation - Hence, proviso of Section 142(b) of Negotiable Instruments Act cannot be considered to be effective with retrospective effect i.e. prior to 2002 - Therefore, learned Trial Court has wrongly passed order for condonation of delay in filing complaint by complainant - Criminal Revision dismissed.