Amended Section 148 permits deposit conditions in cheque dishonour appeals, including pending matters, when suspending sentence.

Amended Section 148 of the Negotiable Instruments Act permits an appellate court in an appeal against conviction under Section 138 to direct deposit of at least 20% of the fine or compensation awarded by the trial court. The provision is to be applied purposively to prevent delay in cheque dishonour matters, and its operation is not excluded merely because the complaint was filed before the amendment came into force. The appellate court may impose this deposit condition while considering suspension of sentence, and the amendment does not impair the right of appeal.

---

---

Issues: Whether, in an appeal arising from a conviction under the Negotiable Instruments Act, the appellate court could direct deposit of a minimum percentage of the fine or compensation under amended Section 148 even though the complaint was filed before the amendment, and whether such a condition could be imposed while considering suspension of sentence.

Analysis: Amended Section 148 empowers the appellate court, in an appeal against conviction under Section 138, to require deposit of at least 20% of the fine or compensation awarded by the trial court. The provision is to be applied purposively so that the object of deterring delay in cheque dishonour matters is not defeated. The amendment does not take away the right of appeal, and the power may be exercised even where the underlying complaint was instituted before the amendment came into force. While considering suspension of sentence, the appellate court is not barred from imposing such a deposit condition.

Conclusion: The condition requiring deposit under amended Section 148 was legally sustainable, and the objection based on the pre-amendment filing of the complaint was rejected.

Ratio Decidendi: Amended Section 148 of the Negotiable Instruments Act applies to pending appeals against conviction under Section 138, including cases where the complaint was filed before the amendment, and the appellate court may direct deposit of not less than 20% of the fine or compensation as a condition while suspending sentence.

---