THE NEWLY INSERTED SEC. 148 OF THE NI ACT SHALL APPLY RETROSPECTIVELY, RULES SUPREME COURT

In a recent ruling in the case of Surinder Singh Deswal @ Col. S.S.Deswal and others vs. Virender Gandhi, the Supreme Court of India ruled that the amendment to the NI Act by inserting two new sections 143A and 148, is entirely procedural in nature hence no substantive right of appeal of the appellant has been taken away and/or affected.

Applying purposive interpretation, the SC ruled that Section 148 of the NI Act, 1881 shall apply retrospectively for criminal proceedings initiated before 01.09.2019 or thereafter.