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
I am a co-owner in possession to the extent of 3/4th share in a property situated in village in Punjab. My brothers are co-owners to the extent of 1/4th share. Can I seek the grant of injunction from the competent court of law restraining my brothers against alienating the suit property to the extent of more than their share as they are changing the nature of the suit property by raising construction illegally and forcibly.