BOLIN BORGOHAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Mitra, learned counsel for the petitioner; Mr. B. B. Gogoi, learned Additional Public Prosecutor for the respondent no. 1, State of Assam and Mr. B. Deka, learned counsel for the respondent no. 2.

(2.) The petitioner in this criminal petition filed under Section 482, Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code' and/or 'CrPC', for short) has challenged the legality and validity of an order dated 17.12.2018 passed by the learned Additional Sessions Judge (F.T.C.), No. 3, Kamrup (M), Guwahati in Criminal Appeal Case no. 191/2018. Two of issues that have arisen for consideration in this case are : firstly, whether Section 148 of the Negotiable Instruments Act, 1881 (hereinafter referred as 'the Act', for short) which had come in force w.e.f. 01.09.2018 by the Amendment Act 20 of 2018 is retrospective or prospective and secondly, whether an appellate court in an appeal preferred against a judgment and order of conviction and sentence for an offence under Section 138 of the Act is to assign any reason while directing the appellant to deposit an amount in terms of the provisions of Section 148 of the Act.

(3.) In order to appreciate the issues, a brief narration of the events which had led to passing of the impugned order dated 17.12.2018 appears necessary.