In Brief
Appellants convicted of cheque dishonor under Section 138 of the Negotiable Instruments Act challenged orders directing them to deposit 25% of the imposed fine/compensation pending their appeals. They argued that amended Section 148 of the N.I. Act (effective 1.9.2018) should not apply retrospectively to complaints filed before the amendment. The Supreme Court held that amended Section 148 applies to all pending appeals regardless of when complaints were filed, as the amendment is procedural and takes away no substantive vested rights. The word 'may' in Section 148 was read as creating an obligation to direct minimum 20% deposit, serving the legislative purpose of curbing delay tactics that compromise cheque transaction sanctity. The appeals were dismissed but the Court extended the deposit deadline by four weeks.
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