Manish Verma v. Satish Chand Singla
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The present petition has been filed against the order dated 23.04.2019 passed by learned Additional Sessions Judge, Gurugram vide which the petitioner has been directed to deposit 20% of compensation awarded under Section 148 the Negotiable Instruments Act, 1881 (hereinafter referred to as the 'NI Act'), in the case stemming from complaint no.14117/2016 dated 15.11.2016 filed under Sections 138 and 142 of NI Act. 2.
Briefly, the facts, as alleged, are that the petitioner gave a cheque bearing no. 000602 dated 26.08.2016 for an amount of Rs. 19,00,000/- in order to repay the debt owed by him to the respondent. However, the same was dishonoured on presentation for encashment vide memo dated 07.09.2016, with the remarks- 'funds insufficient.' Consequently, the petitioner was convicted and sentenced vide judgment and order dated 25.03.2019/28.03.2019. The petitioner was ordered to undergo simple imprisonment of one year and pay compensation of Rs.25,00,000/-. Aggrieved by the same, the petitioner
preferred an appeal before the learned Additional Sessions Judge, Gurugram, along with an application for suspension of sentence wherein he was ordered to deposit 20% of the compensation amount vide impugned order dated 23.04.2019.
3.
Learned counsel for the petitioner inter alia contends that the learned Court below has fallen into grave error by allowing the application of the respondent in view of the amendment made to the NI Act. Vide notification dated 16.08.2018, the Ministry of Law and Justice effected the said amendment from 01.09.2018 whereas the complaint(supra) was filed on 15.11.2016. As such, the amended provision of Section 148 NI Act cannot be made retrospectively applicable to the present matter.
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Having heard learned counsel for the parties and after perusing the record with their able assistance, it transpires that the petitioner has been directed to deposit 20% of compensation amount awarded to the respondent. The amendment was carried out and Section 148 was added to the NI Act that enables the concerned Court to impose condition of payment during the
pendency of the appeal, while granting suspension of sentence. However, the Hon'ble Supreme Court in G.J. Raja vs. Tejraj Surana (2020) 3 SCC(Cri) 725 has categorically held that the application of Section 143-A NI Act is prospective while that of Section 148 NI Act is retrospective. 6.
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