NOUSHIYA Vs. ARIDA

JUDGEMENT

(1.) The proceedings on hand is preferred by the accused in a prosecution launched by the first respondent under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N I Act') against Annexure A3 order passed by the Court of Sessions, Thrissur on 12.03.2019.

(2.) The relief sought in the petition is to declare the direction in Annexure A3 order to the petitioner to deposit -¼ of the cheque amount in the trial court, as illegal and unconstitutional, as it violates Article 20(1) of the Constitution of India.

(3.) According to Sri.P.M.Abdul Jaleel, the learned counsel for the petitioner, true that by way of Amendment in the year 2018, Section 148 was incorporated into the N.I Act but, the offence in the prosecution on hand being allegedly committed by the petitioner on 21.07.2011, much prior to the date on which the amendment was brought into the force, the bar under Article 20(1) will operate. According to the learned counsel, a person alleged to have been committed an offence in the year 2011 cannot be convicted or imposed with a penalty greater than that which might have been inflicted under the law in force at the relevant time of commission of the offence, which have been brought into force by way of amendment in the year 2018. Accordingly, the learned counsel seeks for declaring the direction to pay 20% of the compensation amount at the time of suspension of the execution of the sentence as unconstitutional. He also seeks for setting aside Annexure A3 order in that backdrop.