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ARTICLE · 21 JUNE 2019

Amendment To Section 148 of Negotiable Instruments Act Has Retrospective Effect Holds SC

King, Stubb & Kasiva
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The Bench comprising of Justice M. R. Shah and Justice A. S. Bopanna of Hon'ble Supreme Court of India in the judgement dated 29th May, 2019...

IndiaLitigation, Mediation & Arbitration
Richa K. Gaurav
Richa K. Gaurav
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The Bench comprising of Justice M. R. Shah and Justice A. S. Bopanna of Hon'ble Supreme Court of India in the judgement dated 29th May, 2019 in the matter of 'Surinder Singh Deswal @ Col. S.S. Deswal & others Versus Virender Gandhi' have held that 'purposive interpretation' to be accorded to Section 148 Negotiable Instruments Act, 1881 ("N.I. Act") as inserted by Negotiable Instruments (Amendment) Act, 2018 (20 of 2018) ("amendment") and is applicable retrospectively and shall be applicable qua appeals against order of conviction and suspension of sentence for offence under Section 138 N.I. Act even if the complaints were filed prior to the amendment i.e. prior to 01.09.2018. Resultantly, a minimum of 20% of the fine or compensation awarded by the trial court may be directed to be deposited pending appeal by the appellate court.

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