Deposit condition under Section 148 can validly attach to suspension of sentence in cheque dishonour appeals.

While suspending sentence in an appeal against conviction under the Negotiable Instruments Act, the appellate court may validly impose the statutory deposit condition under amended Section 148, including a direction to deposit a minimum percentage of the compensation amount. The text notes that this condition was treated as enforceable even in pending appeals, and that non-compliance with the deposit direction, along with non-appearance before the appellate court, justified cancellation of the suspension of sentence. A challenge that recovery must await separate execution proceedings was rejected, and interference under Section 482 of the Code of Criminal Procedure was found unwarranted.

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Issues: Whether the appellate court was justified in cancelling suspension of sentence for failure to deposit 25% of the compensation amount as a condition imposed while suspending sentence in an appeal against conviction under the Negotiable Instruments Act.

Analysis: The condition to deposit 25% of the compensation was imposed under the amended Section 148 of the Negotiable Instruments Act while suspending sentence under Section 389(1) of the Code of Criminal Procedure. The earlier Supreme Court ruling had already upheld the applicability of the amended provision to pending appeals and approved the power of the appellate court to direct deposit of a minimum percentage of the fine or compensation. The challenge that such a condition could not be attached to suspension of sentence, or that recovery must await separate execution proceedings, was rejected. The petitioners had neither complied with the deposit direction nor appeared before the appellate court, and their reliance on the later coordinate-bench decision was found unhelpful and distinguishable.

Conclusion: The cancellation of suspension of sentence was valid, and the petitions were not maintainable for interference under Section 482 of the Code of Criminal Procedure, 1973.

Ratio Decidendi: While suspending sentence in an appeal under Section 389(1) of the Code of Criminal Procedure, the appellate court may validly impose and enforce the statutory deposit condition under Section 148 of the Negotiable Instruments Act, and non-compliance can justify cancellation of the suspension of sentence.

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