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Issues: Whether a revision lies against an order passed under Section 148 of the Negotiable Instruments Act, 1881 directing deposit of a portion of the compensation amount while suspending sentence pending appeal.
Analysis: The order under Section 148 of the Negotiable Instruments Act, 1881 was examined in the light of the tests governing final, interlocutory, and intermediate orders. The governing principle applied was that an order is interlocutory when it relates only to procedure and does not finally determine the rights of the parties, while orders affecting substantial rights or culminating proceedings are not treated as purely interlocutory. The direction to deposit a sum pending appeal was found to be only ancillary to the appeal and subject to its final outcome. It did not decide the appeal on merits, did not conclude the parties' rights, and did not bring the proceedings to an end. On that basis, the order was held to be neither a final order nor an intermediate order that would permit revision under Section 397 of the Code of Criminal Procedure, 1973.
Conclusion: The revision was not maintainable against the impugned order under Section 148 of the Negotiable Instruments Act, 1881.
Ratio Decidendi: A direction to deposit amount under Section 148 of the Negotiable Instruments Act, 1881, passed pending appeal and operating only as a procedural adjunct subject to the appeal's result, is an interlocutory order and is not revisable under Section 397 of the Code of Criminal Procedure, 1973.
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