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.