Whether Deposit of 25% fine Amount for Suspension of Sentence applicable for Cheque Cases prior to 01.09.2018 [SC JUDGMENT]

Whether Deposit of 25% fine Amount for Suspension of Sentence applicable for Cheque Cases prior to 01.09.2018 [SC JUDGMENT]

2019

Negotiable Instruments Act, 1881 – Section 148 – Deposit of minimum of 25% of the fine or compensation awarded by the trial Court for suspension of sentence

– Section 148 of the N.I. Act as amended, shall be applicable in respect of the appeals against the order of conviction and sentence for the offence under Section 138 of the N.I. Act, even in a case where the criminal complaints for the offence under Section 138 of the N.I. Act were filed prior to amendment Act No. 20/2018 i.e., prior to 01.09.2018. If such a purposive interpretation is not adopted, in that case, the object and purpose of amendment in Section 148 of the N.I. Act would be frustrated.

Question of Law
Whether the first appellate court is justified in directing the accused who have been convicted for the offence under Section 138 of the N.I. Act to deposit 25% of the amount of compensation/fine imposed by the trial Court, pending appeals challenging the order of conviction and sentence and while suspending the sentence under Section 389 of the Cr.P.C., considering Section 148 of the N.I. Act as amended?

IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
[M.R. SHAH] AND [A.S. BOPANNA] JJ.
MAY 29, 2019
CRIMINAL APPEAL NOS.917944 OF 2019
(Arising out of SLP(Criminal) Nos. 49484975/ 2019
Surinder Singh Deswal @ Col. S.S.Deswal and others …Appellants
Versus
Virender Gandhi …Respondent
J U D G M E N T
M.R. SHAH, J.
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