Appellate deposit in cheque dishonour appeals upheld despite Criminal Procedure Code objection

Section 148 of the Negotiable Instruments Act empowers the appellate court, in an appeal against conviction under Section 138, to require deposit of not less than 20% of the fine or compensation awarded by the trial court during the pendency of the appeal. The provision operates through a non obstante clause and is applied purposively to support speedy recovery in cheque dishonour matters. Section 357(2) of the Code of Criminal Procedure does not override or restrict this appellate power. The appellate court is therefore competent to impose the deposit condition while suspending sentence.

---

---

Issues: Whether, in an appeal against conviction under Section 138 of the Negotiable Instruments Act, the appellate court can require deposit of a minimum of 20% of the fine or compensation while suspending sentence, notwithstanding Section 357(2) of the Code of Criminal Procedure, 1973.

Analysis: Section 148 of the Negotiable Instruments Act confers power on the appellate court to direct deposit of a sum not less than 20% of the fine or compensation awarded by the trial court during the pendency of the appeal. The provision operates with a non obstante clause and is to be read purposively in the context of the legislative object of ensuring speedy realization in cheque dishonour matters. The bar suggested from Section 357(2) of the Code of Criminal Procedure, 1973 does not control the appellate power under the amended Section 148 of the Negotiable Instruments Act.

Conclusion: The appellate court was competent to impose the deposit condition, and the challenge to that condition failed.

Ratio Decidendi: In an appeal against conviction under Section 138 of the Negotiable Instruments Act, the appellate court may direct deposit of at least 20% of the fine or compensation under Section 148 notwithstanding Section 357(2) of the Code of Criminal Procedure, 1973.

---