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Issues: Whether the amended Section 148 of the Negotiable Instruments Act, 1881 applies to an appeal filed before the amendment and whether the appellate court can direct deposit of a portion of the compensation as a condition for admission of the appeal.
Analysis: The amendment to Section 148 of the Negotiable Instruments Act, 1881 was held to be procedural and purposive in nature, intended to curb delay in cheque dishonour matters. It was further held that no vested right of appeal is taken away by requiring deposit of a minimum percentage of the fine or compensation. The appellate court therefore retains power to direct deposit even in appeals pending when the amendment came into force, and the provision is to be construed to advance the object of speedy disposal and effective enforcement.
Conclusion: The amended Section 148 applies to the pending appeal, and the appellate court was entitled to direct deposit of 20% of the compensation amount as a condition precedent for admission of the appeal.