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

SCR Citation: [2019] 8 S.C.R. 746
Year/Volume: 2019/ Volume 8
Date of Judgment: 29 May 2019
Petitioner: Surinder Singh Deswal @ Col. S.s. Deswal And Others
Disposal Nature: Appeal Dismissed
Neutral Citation: 2019 INSC 688
Judgment Delivered by: Hon'ble Mr. Justice M.R. Shah
Respondent: Virender Gandhi
Case Type: CRIMINAL APPEAL /917/2019
Order/Judgment: Judgment
1. Headnote

Negotiable Instruments Act, 1881: ss.138, 148 – Deposit of fine or compensation for suspension of sentence – Whether s.148 as amended by Act no.20/2018 shall not be applicable with respect to criminal proceedings already initiated prior to the amendment to s.148 of NI Act – Held: s.148 as amended, shall be applicable in respect of the appeals against the order of conviction and sentence for the offence under s.138, even in a case where the criminal complaints for the offence under s.138 were filed prior to amendment Act No. 20/2018 i.e., prior to 01.09.2018 – By the amendment in s.148, it cannot be said that any vested right of appeal of the accused was taken away and/or affected – Therefore, submission that amendment in s.148 shall not be made applicable retrospectively, more particularly with respect to cases/complaints filed prior to 1.9.2018, has no substance as by amendment in s.148, no substantive right of appeal was taken away and/or affected – However, in the peculiar facts and circumstances of the instant case and the fact that the accused-appellants were bonafidely litigating their case and the amount required to be deposited was huge, by exercising powers under Art.142 of the Constitution, the appellants is granted four weeks to deposit the amount as was directed by the first appellate court – Retrospective effect – Code of Criminal Procedure, 1973 – s.389 – Constitution of India – Art.142. Negotiable Instruments Act, 1881: s.148 – Amendment Act No.20/2018 – Legislative intent – Delay tactics of unscrupulous drawers of dishonoured cheques resulted in frustrating the object and purpose of the enactment of s.138 – For this reason Parliament thought it fit to amend s.148 by which the first appellate Court, in an appeal challenging the order of conviction under s.138 was conferred with the power to direct the convicted accused-appellant to deposit such sum which shall be a minimum of 20% of the fine or compensation awarded by the trial Court – Interpretation of statutes – Purposive interpretation – Legislative Intent.

2. Case referred
3. Act
  • NEGOTIABLE INSTRUMENTS ACT, 1881 (26 of 1881)
4. Keyword
  • Negotiable Instruments At
  • 1881
  • ss.138
  • 148
  • suspension of sentence
  • Deposit of fine or compensation
  • Interpretation of statutes
  • Purposive interpretation
  • Legislative Intent