Rajasthan High Court Says Repeal Does Not End NI Act Appeal Pre-Deposit Requirement

The Rajasthan High Court held that repeal of the 2018 amending legislation does not, by itself, eliminate the Section 148 Negotiable Instruments Act pre-deposit requirement in pending cheque-dishonour appeals.

Background

The dispute concerned whether a convicted appellant could avoid the statutory direction to deposit a portion of the fine or compensation by relying on the subsequent repeal of the amendment enactment.

Legal issue and reasoning

The Court treated the continuing operation of the amended principal Act as decisive rather than assuming that repeal of the amending statute erased changes already incorporated into it.

Outcome and next step

The applicable appellate pre-deposit requirement continues to govern the case under Section 148.