IMPORTANT POINTS
Section 148 can be applied to complaints filed prior to 01.09.2018.
The word ‘may’ used in section 148, negotiable Instruments Act, 1881 should be construed as ‘shall’.
Section 357(2), CrPC shall not apply to section 148, N.I. Act.

JUDGMENT

M.R. Shah, J.

Leave granted.

2. As common question of law and facts arise in this group of appeals and, as such, all these appeals, arise out of the impugned common judgment and order passed by the High Court, are being decided and disposed of together by this common judgment and order.

3. Feeling aggrieved and dissatisfied with the impugned common order passed by the High Court of Punjab and Haryana at Chandigarh, by which the High Court has dismissed the respective revision applications and has confirmed the order passed by the first appellate court - learned Additional Sessions Judge, Panchkula, directing the appellants herein - original appellants - original accused to deposit 25% of the amount of compensation, in view of the provisions of amended Act No. 20 of 2018 in Section 148 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the 'N.I. Act'), the original appellants -original accused have preferred the present appeals.

4. The facts leading to the present appeals in nutshell are as under:

That criminal complaints were filed against the appellants herein - original accused for the offence under Section 138 of the N.I. Act. That the said criminal complaints were filed prior to 2.8.2018. That the learned trial Court vide judgment and order dated 30.10.2018 convicted the appellants for the offence under Section 138 of the N.I. Act and sentenced them to undergo imprisonment of two years and to pay cheque amount + 1% as interest and litigation expenses as fine.

4.1 Feeling aggrieved and dissatisfied with the order of conviction passed by the learned trial Court, convicting the appellants - original accused for the offence under Section 138 of the N.I. Act and the sentence imposed by the learned trial Court, the appellants - original accused have preferred criminal appeals before the first appellate Court - learned Additional Sessions Judge, Panchkula. In the said appeals, the appellants - original accused submitted application/s under Section 389 of the Cr. P.C. for suspension of sentence and releasing them on bail, pending appeal/s.

4.2 That considering the provisions of amended Section 148 of the N.I. Act, which has been amended by Amendment Act No. 20/2018, which came into force w.e.f. 1.9.2018, the first appellate Court, while suspending the sentence and allowing the application/s under Section 389 of the Cr.P.C, directed the appellants to deposit 25% of the amount of compensation/fine awarded by the learned trial Court.

4.3 Feeling aggrieved by the order passed by the learned first appellate Court - learned Additional Sessions Judge, Panchkula directing the appellants - original accused - original appellants to deposit 25% of the amount of compensation/fine awarded by the learned trial Court, pending appeal challenging the order of conviction and sentence imposed by the learned trial Court, the appellants approached the High Court of Punjab and Haryana at Chandigarh by way of revision application/s.

4.4 It was the case on behalf of the appellants that Section 148 of the N.I. Act, as amended by Act No. 20/2018, shall not be applicable with respect to criminal proceedings already initiated prior to the amendment in Section 148 of the N.I. Act.

4.5 The High Court by a detailed judgment and order has not accepted the aforesaid contention and has dismissed the revision application/s and has confirmed the order passed by the learned first appellate Court - learned Additional Sessions Judge, Panchkula directing the appellants - original appellants-original accused to deposit 25% of the amount of compensation awarded by the learned trial Court considering Section 148 of the N.I. Act, as amended.

4.6 Feeling aggrieved and dissatisfied with the impugned common judgment and order passed by the High Court in dismissing the revision application/s and confirming the order/s passed by the learned first appellate Court directing the appellants - original appellants - original accused to deposit 25% of the amount of compen