Amended Section 148 requires a mandatory 20% deposit in pending cheque dishonour appeals, with no discretion to reduce it.

Amended Section 148 of the Negotiable Instruments Act applies to pending appeals against conviction under Section 138 even where the complaint was filed before the amendment. The provision is construed purposively to curb delay in cheque dishonour litigation, and the appellate court must require a minimum deposit of 20% of the fine or compensation awarded by the trial court. The word "may" is treated as imposing this mandatory minimum, leaving no discretion to reduce the deposit below 20%. However, the appellate court retains discretion under sub-section (3) regarding release of the deposited amount during the appeal.

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Issues: Whether the amended Section 148 of the Negotiable Instruments Act, 1881 applies to pending appeals arising from complaints filed before the amendment, and whether the appellate court could direct deposit of only 10% instead of the statutory minimum of 20%.

Analysis: The amendment to Section 148 was enacted to curb delay in cheque dishonour litigation and to require a minimum deposit of 20% of the fine or compensation awarded by the trial court. The provision was construed purposively and, following the binding interpretation that the amendment applies to appeals pending after its commencement even if the complaint was filed earlier, the word "may" in sub-section (1) was treated as imposing a mandatory minimum. The provision also leaves no discretion to reduce the deposit below 20%, though sub-section (3) leaves discretion to the appellate court regarding release of the deposited amount during appeal.

Conclusion: The amendment to Section 148 applies to the pending appeal, and the direction limiting the deposit to 10% was held unsustainable; the petitioner was entitled to a direction for deposit of the statutory minimum of 20%.

Ratio Decidendi: Amended Section 148 of the Negotiable Instruments Act, 1881 applies to appeals against conviction under Section 138 that are pending after its commencement, and the appellate court must require deposit of not less than 20% of the fine or compensation awarded by the trial court.

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