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2022 (6) TMI 1306 - HC - Indian LawsDishonor of Cheque - seeking suspension of sentence and deposit of only 10% of the amount awarded - Section 148 of NI Act - HELD THAT:- In the light of the judgment of the Apex Court in SURINDER SINGH DESWAL @ COL. S.S. DESWAL AND OTHERS VERUS VIRENDER GANDHI AND ORS. [2019 (5) TMI 1626 - SUPREME COURT] holding that amendment to Section 148 of the Act was retrospective and would become applicable against the order of conviction and suspension of sentence even if the complaints were filed prior to the amendment i.e., prior to 01-09-2018, the order that rejects the prayer of the petitioner would fall foul of the judgment rendered by the Apex Court in the aforesaid case. The reliance that is placed by the learned Sessions Judge to hold that the amendment is prospective in the case of G.J.RAJA v. TEJRAJ SURANA [2019 (8) TMI 91 - SUPREME COURT] was concerning Section 143A of the Act which was also amended by the very same amending Act. Section 143A which directs payment of interim compensation to the complainant is held to be prospective. There was no obfuscation for the learned Sessions Judge in interpreting the amendment qua Section 148 of the Act. But, the learned Sessions Judge appears to have generated one. Petition allowed.
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