Deposit requirement under the Negotiable Instruments Act upheld where no exceptional ground justified relaxation of the statutory condition.

In an appeal arising from a conviction under Section 138 of the Negotiable Instruments Act, the appellate court may ordinarily require deposit of at least 20% of the fine or compensation under Section 148, while retaining discretion to waive or relax that condition in an exceptional case for recorded reasons. Where the record shows repeated delay by the accused and no exceptional basis to depart from the statutory norm, the deposit condition is a proper exercise of discretion and need not be interfered with.

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Issues: Whether the order directing deposit of 20% of the compensation amount during the pendency of the appeal under Section 148 of the Negotiable Instruments Act, 1881 warranted interference.

Analysis: The appeal concerned suspension of sentence in a conviction under Section 138 of the Negotiable Instruments Act, 1881. The governing principle is that the appellate court may ordinarily insist on deposit of at least 20% of the fine or compensation, while retaining discretion to waive or relax the condition in an exceptional case for recorded reasons. On the facts recorded by the appellate court, the proceedings had been repeatedly delayed by the applicants, the case was not found to fall within the exception recognised by the Supreme Court, and the deposit condition was imposed after consideration of the material and the relevant legal position.

Conclusion: The deposit condition was upheld and no interference was called for.

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