VidhiSangh

Supreme Court of India · 29/05/2019

SURINDER SINGH DESWAL @ COL. S.S. DESWAL AND OTHERS versus VIRENDER GANDHI

[2019] 8 S.C.R. 746 · 2019 INSC 688

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Summary

The appellate-deposit provision introduced by Section 148 of the Negotiable Instruments Act applied to these post-amendment conviction appeals even though the complaints predated its commencement. It did not impair the substantive right of appeal. A deposit was treated as the ordinary rule, with departure requiring special reasons; the statutory minimum was 20%, and the ordered 25% was upheld. Four additional weeks were exceptionally allowed under Article 142.

Issues

  1. Whether Section 148 applied when complaints preceded the amendment but the appeals followed it.
  2. Whether deposit was discretionary and barred by Section 357(2) CrPC.
  3. Whether further deposit time should be granted.

Provisions considered

Held

Result

Appeals dismissed; orders requiring deposit of 25% of the fine/compensation pending conviction appeals upheld. Appellants granted a further four weeks from judgment to deposit.

Judgment PDF: Supreme Court of India, [2019] 8 S.C.R. 746.