Why SC Judgment On Retrospective Application Of Section 148 NI Act Is Problematic?

In this post, I'll discuss the two provisions, the reasoning given by the courts for differentiating between the two on the issue of retrospective application, and why I believe the Apex court may have gone wrong in not making both the provisions applicable prospectively. If the drawer of the cheque is acquitted, the Court shall direct the complainant to repay to the drawer the amount of interim compensation, with interest at the bank rate as published by the Reserve Bank of India, prevalent at the beginning of the relevant financial year, within sixty days from the date of the order, or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the complainant. Power of Appellate Court to order payment pending appeal against conviction.— Notwithstanding anything contained in the Code of Criminal Procedure, 1973, in an appeal by the drawer against conviction under section 138, the Appellate Court may order the appellant to deposit such sum which shall be a minimum of twenty per cent of the fine or compensation awarded by the trial Court : Provided that the amount payable under this sub-section shall be in addition to any interim compensation paid by the appellant under section 143A. The Appellate Court may direct the release of the amount deposited by the appellant to the complainant at any time during the pendency of the appeal : Provided that if the appellant is acquitted, the Court shall direct the complainant to repay to the appellant the amount so released, with interest at the bank rate as published by the Reserve Bank of India, prevalent at the beginning of the relevant financial year, within sixty days from the date of the order, or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the complainant. Section 143A gives the power to a: a) trial court trying an offence under 138 NI Act b) to order interim compensation c) not exceeding 20 percent of the amount of cheque d) which shall be recoverable as if it were a fine under Section 421 CrPC.