JUDGMENT

Aman Chaudhary, J.

Present petition has been filed under Section 482 Cr.P.C. for quashing of the condition imposed by the appellate Court vide order dated 04.02.2020 whereby the petitioner has been directed to deposit one third amount of the compensation amount while suspending the sentence in appeal under section 138 of the Negotiable Instruments Act, 1881 vide order dated 09.01.2020 (Annexure P-1).

2. Briefly put the facts of the case are that in a complaint filed under section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act') by respondent on account of dishonour of the cheque bearing No.947034 dated 20.04.2017, learned Chief Judicial Magistrate, Mohali vide order dated 09.01.2020, has convicted and sentenced the petitioner to undergo rigorous imprisonment for one year and to pay a fine of Rs.4,80,000/-. Against which, the petitioner filed an appeal, alongwith the application for suspension of his sentence. The said application has been allowed vide order dated 04.02.2020 by learned Additional Sessions Judge, Mohali and the sentence of the petitioner has been suspended, subject to furnishing bail bond in the sum of Rs.50,000/- with one surety as well as to deposit 1/3rd amount of compensation within a period of two months.

3. Learned counsel for the petitioner submits that Section 148 (1) of the Act prescribes minimum amount of 20% as deposit, however, the learned Appellate Court has directed the petitioner to deposit 1/3rd of the amount, which due to financial loss suffered on account of COVID-19 pandemic, the petitioner is not in a position to deposit. At this stage, he submits that the petitioner is ready to deposit the minimum amount as per the provision. Thus, he prays for the modification of the order dated 04.02.2020 to the aforesaid extent.

4. Despite service, none has appeared on behalf of the respondent.

5. Heard and perused.

6. For the adjudication of the present issue, it would be apposite to refer to Section 148 of the Act, which reads thus:-

"148. Power of Appellate Court to order payment pending appeal against conviction.-

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), in an appeal by the drawer against conviction under section 138, the Appellate Court may order the appellant to deposit such sum which shall be a minimum of twenty per cent. of the fine or compensation awarded by the trial Court:

Provided that the amount payable under this sub-section shall be in addition to any interim compensation paid by the appellant under section 143A.

(2) The amount referred to in sub-section (1)shall be deposited within sixty days from the date of the order, or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the appellant.

(3) The Appellate Court may direct the release of the amount deposited by the appellant to the complainant at any time during the pendency of the appeal:

Provided that if the appellant is acquitted, the Court shall direct the complainant to repay to the appellant the amount so released, with interest at the bank rate as published by the Reserve Bank of India, prevalent at the beginning of the relevant financial year, within sixty days from the date of the order, or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the complainant."

7. Hon'ble The Supreme Court in India in the case Surinder Singh Deswal v. Virender Gandhi reported in (2019) 11 SCC 341, while dealing with the interpretation of the word 'may' in section 148(1) o