Section 148 of the Negotiable Instruments Act was also inserted in the Amended Act on September 1, 2018, with prospective effect. However, appellate courts in several cases directed the accused persons to deposit 20% of the cheque/compensation amount, treating the said provision retrospective in nature. Consequently, several accused approached the higher courts throughout the country. Ultimately, Honourable Supreme Court in Surinder Singh Deswal@Col. SS Deswal and others Vs. Virender Gandhi 2019(3)R.C.R.(Criminal)186 held that section 148 of the Act has a retrospective operation and lower courts can pass an order directing the accused to deposit 20% of the cheque/compensation amount even in cases filed prior to the amendment.
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Author: Legal Advice Guru
Query: I filed civil suit for permanent injunction to restrain defendants from interfering into my peaceful possession of shop question taken on rent from defendant. I moved an application under Order 39 Rule 1 and 2 CPC wherein trial court directed parties to maintain status quo regarding possession of shop. During pendency of suit, defendant installed a lock on the shutter of my shop in violation of status quo order. Can I get police help in getting my possession restored back in view of the order of status quo.