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2019 (8) TMI 1818 - KERALA HIGH COURTDishonor of Cheque - effect of amendment in section 148 of NI Act - case of appellant is that Section 148 was brought into N.I. Act, by Amendment Act 20 of 2018 and was effective only from 01.09.2018 and cannot have application in an appeal filed on 15.11.2016, wherein the sentence under challenge was suspended forthwith - HELD THAT:- Section 148 is a new provision incorporated into N.I Act by Negotiable Instruments (Amendment) Act, 2018, directed by the Parliament to be effective from 01.09.2018. On a reading of the provision it is unambiguous that the Parliament intends it to be invoked in appeals preferred by the accused challenging the judgment passed against them. The power under Section 148 is meant to be invoked by the appellate court while entertaining an appeal from a judgment of conviction imposing sentence on the accused. That is why, it was held as applicable to complaints filed to launch the prosecution under Section 142 N.I. Act and pending before the courts, prior to 01.09.2018 - That does not mean that the provision is meant to be invoked in all Crl.Appeals pending before the appellate court which are at the fag end of trial or pronouncement of judgment, why because, with the pronouncement of the judgment there is possibility for the accused being acquitted also. Therefore, no purpose will be served by directing the accused to deposit any sum, at that stage in view of the provision incorporated under Proviso to sub-Section (3) of Section 148 N.I Act directing to refund the amount in deposit within 60 days or 90 days as the case may be, after the judgment turns against the complainant. The power is meant to be invoked at a point of time when appeal is preferred or to say more specifically, prior to passing of an order suspending the execution of sentence in an application preferred under Section 389(1) Cr.P.C in the Appeal. The application preferred by either party to the appeal beyond that time shall not be entertained by the appellate court in view of sub-sections (2) and (3) and proviso thereunder, which stipulate time for making deposits, provision for release of the amount deposited to the complainant and for refund of the amount to the appellant/accused on himself being acquitted. Section 148 can have only prospective application i.e. invocation of Section 148 N.I Act is confined only to appeals filed after 01.09.2018. Application allowed.
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