ORDER :

A.K. Jayasankaran Nambiar, J.

The above cases have been placed before us by an order of the Chief Justice pursuant to a reference order dated 20.02.2014 of a learned Single Judge of this Court. The issue referred to us concerns the interpretation of the provisions of Section 148 of the Negotiable Instruments Act, 1881 [hereinafter referred to as the “N.I. Act”] that deals with the power of an Appellate Court to order payment pending an appeal against conviction. In particular, we are called upon to clarify the nature and extent of the statutory discretion conferred on the Appellate Court, in the matter of ordering payments pending appeal against conviction under Section 138 of the N.I. Act. as also on the requirement of furnishing reasons in support of the order passed by the Appellate Court in exercise of that discretion.

2. In both the cases before us, orders passed by the Sessions Court [Appellate Court] directing deposit of a percentage of the compensation amount ordered by the trial court under Section 148 of the N.I. Act are impugned inter alia on the ground that the orders passed by the Appellate Court were not supported by any reasons. The referring Judge noticed that