SURINDER SINGH DESWAL @ COL. S.S. DESWAL AND OTHERS versus VIRENDER GANDHI

SURINDER SINGH DESWAL @ COL. S.S. DESWAL AND OTHERS versus VIRENDER GANDHI

Section 148 of the Negotiable Instruments Act, 1881 as amended by Act No. 20/2018 applies to appeals against convictions under Section 138, even if the original criminal complaints were filed prior to the amendment. The direction to deposit at least 20% (here, 25%) of the fine or compensation pending appeal is within the appellate court's powers and conforms to the legislative intent to prevent delay tactics and ensure effectiveness of cheque dishonour cases. The amendment does not affect any vested right of appeal given its procedural nature and cannot be said to be retrospective in the prohibited sense.

Parties
Appellants: Surinder Singh Deswal @ Col. S.S. Deswal and Others; Respondent: Virender Gandhi
Jurisdiction
India
Judgment Date
29 May 2019
Procedural Posture
Criminal Appeal / Appeal From High Court Order Affirming the First Appellate Court's Direction to Deposit Compensation Under Section 148, Negotiable Instruments Act, 1881
Outcome
Appeals dismissed
Legal Topics
Negotiable Instruments Act Section 138 and 148, Suspension of Sentence, Applicability of Amended Section 148, Purpose of Section 148 Amendment, Powers of Appellate Court, Interpretation of Statutes
Criminal Law Banking Law Negotiable Instruments Act Section 138 and 148 Suspension of Sentence Applicability of Amended Section 148 Purpose of Section 148 Amendment Powers of Appellate Court Interpretation of Statutes

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Parties

Surinder Singh Deswal @ Col. S.S. Deswal and Others

Appellants

Virender Gandhi

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Order Affirming the First Appellate Court's Direction to Deposit Compensation Under Section 148, Negotiable Instruments Act, 1881

Legal Issues

  1. 1 Whether Section 148 of the NI Act as amended by Act No. 20/2018 applies to appeals in cases where complaints under Section 138 were filed before the amendment took effect
  2. 2 Whether directing deposit for suspension of sentence under amended Section 148 is mandatory or discretionary
  3. 3 Whether retrospective application of amended Section 148 affects vested rights of appeal

Ratio Decidendi

Section 148 of the Negotiable Instruments Act, 1881 as amended by Act No. 20/2018 applies to appeals against convictions under Section 138, even if the original criminal complaints were filed prior to the amendment. The direction to deposit at least 20% (here, 25%) of the fine or compensation pending appeal is within the appellate court's powers and conforms to the legislative intent to prevent delay tactics and ensure effectiveness of cheque dishonour cases. The amendment does not affect any vested right of appeal given its procedural nature and cannot be said to be retrospective in the prohibited sense.

Court Disposition

Appeals dismissed

Orders

  • Appellants are directed to deposit the amount as ordered by the first appellate court within a further four weeks from today, as granted under Article 142 of the Constitution of India.