Considering, Statement of Objects and Reasons of Amendment, Amended Section 148 of The N.I. Act is applicable w.r.t. Appeals against Orders of Conviction and Sentence for the Offence under Section 138, even where Criminal Complaints for the Offence are filed prior to Amendment Act No. 20/2018 [01.09.2018].
“If such a purposive interpretation is not adopted, Amended Section 148 would be frustrated. The submission that Amended Section 148 shall not be made applicable retrospectively has no substance.”
– Hon’ble Justice M.R. Shah, Surinder Singh Deswal v. Virender Gandhi, [Criminal Appeal Nos. 917-944 of 2019].