JITENDRA GOYAL Vs. UNION OF INDIA,

JUDGEMENT

(1.) This matter has been directly filed before the Division Bench on account of challenge to the notification dated 02.08.2018 by which Sections 143A and 148 were inserted in the Negotiable Instruments Act, 1881 by promulgating the Negotiable Instruments (Amendment) Act, 2018 and the subsequent notification dated 16.08.2018 by which the Central Government in exercise of its powers conferred by sub-section (2) of section 1 of the Negotiable Instruments (Amendment) Act, 2018, appointed 1st of September, 2018, as the date on which the provisions of the said Act shall come into force. Validity of both these notifications inasmuch the provisions of Sections 143A and 148 of the Negotiable Instruments Act, 1881 have already been tested by the Supreme Court in two separate judgments.

(2.) The Supreme Court in Surinder Singh Deswal @ Col S.S. Deswal and Ors. Vs. Virender Gandhi, Criminal Appeal Nos.917-944 of 2019 vide judgment dated 29.5.2019 has upheld the validity of Section 148 and as held that this provision has to be read as a whole with the statement of object of reasons of the amending Section. In para 8.1, the Supreme Court has held as under:-

(3.) In view of above, the Supreme Court has held that Section 148 of the N.I. Act as amended, shall apply in respect of the appeals against the orders of conviction and sentence for the offence under Section 138 of the N.I. Act, even in cases where the criminal complaints for the offence under Section 138 of the N.I. Act were filed prior to amendment Act i.e. prior to 01.09.2018.