Section 148 deposit condition upheld as the norm in cheque dishonour appeals, absent exceptional reasons for exemption.

In an appeal against conviction under Section 138 of the Negotiable Instruments Act, deposit under Section 148 is ordinarily the rule, and exemption is available only on recorded exceptional reasons. The appellate court's direction to deposit 30% of the compensation amount as a condition for hearing the appeal was therefore upheld because no special circumstance justified departure from the statutory norm. The revisional challenge failed to that extent, although the order was modified to permit hearing of the appeal upon deposit within the time granted.

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Issues: Whether the appellate court was justified in directing deposit of 30% of the compensation amount under Section 148 of the Negotiable Instruments Act, 1881 as a condition for hearing the appeal.

Analysis: The direction was examined in the context of the statutory scheme governing appeals against convictions under Section 138 of the Negotiable Instruments Act, 1881. The Court noted that the cheque transactions were old, the trial had culminated in conviction after substantial delay, and the appellate order was passed after hearing both sides. It was further noted that Section 148 ordinarily contemplates deposit of an amount during pendency of appeal, while departure from that norm is an exception requiring special reasons. No exceptional circumstance was established to justify dispensing with the deposit, and no special reason was found to take a different course. The Court also held that the requirement of deposit did not warrant interference merely because the appeal had been admitted subject to that condition.

Conclusion: The condition requiring deposit of 30% of the compensation amount was upheld, and the revisional challenge to that extent failed, though the order was modified to permit hearing of the appeal upon deposit within the time granted.

Ratio Decidendi: In an appeal against conviction under Section 138 of the Negotiable Instruments Act, 1881, deposit under Section 148 is the norm, and exemption can be granted only on the basis of exceptional reasons specifically recorded.

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