Surinder Singh Deswal v. Virender Gandhi

Facts

• The drawer was convicted under S.138 of the NI Act
• The conviction pre-dated the 2018 Amendment
• The drawer filed an appeal after the 2018 Amendment came into force
• The appellate court directed deposit under S.148
• The drawer challenged the retrospective application arguing the conviction was before the Amendment

Issue

1. Whether S.148 (deposit requirement for appeal) applies retrospectively to convictions that occurred before the NI (Amendment) Act, 2018.

Held

• The Supreme Court held that S.148 is a procedural provision governing the manner of conducting appeals, not a substantive provision creating new liability. Procedural laws apply to all pending and future proceedings regardless of when the cause of action arose. Since the appeal was filed after the Amendment, S.148 applies. The appellate court has discretion to direct deposit of minimum 20% of the fine or compensation awarded by the trial court.

Ratio Decidendi

S.148 of the NI Act is procedural and applies to all appeals filed after the 2018 Amendment came into force, irrespective of the date of conviction. Procedural provisions are retrospective in operation.