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Section 148 of the Negotiable Instruments Act (NI Act) grants appellate courts the authority to order payment pending an appeal against conviction, with the requirement that reasons for exercising this discretion be recorded. The section emphasizes deposit of a minimum of 20% of the cheque amount, especially in cases under Sec. 138, to facilitate the appeal process. Several sources highlight that orders under Sec. 148 are revisable and require judicial discretion to be exercised transparently. For instance, sources ["2023 Supreme(Online)(KER) 39453"], ["2024 0 Supreme(AP) 168"], and ["2023 Supreme(Online)(Ker) 61607"] discuss the importance of following the statutory mandate, including deposit requirements, and the need for courts to record reasons for granting or denying such orders. The amendments introduced by the Negotiable Instruments (Amendment) Act, 2018, aimed to expedite cheque dishonor cases and prevent delays caused by appeals, clarifying the powers of appellate courts under Sec. 148 ["2023 Supreme(Online)(KER) 39453"], ["2024 0 Supreme(AP) 168"], ["SRI V ARUN KUMAR Vs SRI VINOD KRISHNAMURTHY - Karnataka"].
The case law indicates that orders passed under Sec. 148 are interlocutory and revisable, and courts have exercised their powers to stay proceedings or modify deposit conditions in the interest of justice. For example, in ["INDOR00000016364"] and ["2023 Supreme(Online)(Ker) 61607"], courts stayed realization of compensation or set aside orders to ensure fair proceedings, emphasizing judicial discretion. The courts also noted that failure to deposit the mandated amount can impact the right to proceed with appeal, but such orders can be challenged and revisited ["2023 Supreme(Online)(Ker) 61607"].
The amendments to Sec. 148(2) specify a 60-day statutory period for deposit, with extensions possible on sufficient cause, as discussed in ["2022 Supreme(Online)(Mad) 86864"]. Recent judgments also touch upon procedural compliance, such as the timing of notices under Sec. 148 in relation to assessment years, and the importance of adhering to statutory timelines ["2024 Supreme(Online)(ITAT) 3868"].
Overall, commentary and case law underscore that Sec. 148 of the NI Act confers significant discretion on appellate courts to order deposit and payment pending appeal, with a clear mandate for reasons to be recorded. The amendments aim to streamline the process, reduce delays, and ensure that legal proceedings are conducted fairly, balancing the rights of accused and complainants ["2023 Supreme(Online)(KER) 39453"], ["2024 0 Supreme(AP) 168"], ["SRI V ARUN KUMAR Vs SRI VINOD KRISHNAMURTHY - Karnataka"], ["2022 Supreme(Online)(Mad) 86864"].
Analysis and Conclusion:Sec. 148 of the NI Act is a crucial provision that governs the appellate court's power to facilitate appeals by ordering deposit and payment, with built-in safeguards requiring reasons for such orders. The amendments and judicial commentary reflect an intent to expedite cheque dishonor cases while maintaining procedural fairness. Courts have demonstrated flexibility in exercising these powers, often staying proceedings or setting aside orders to serve justice. Proper adherence to the statutory requirements, including deposit conditions and recording reasons, is essential for the valid exercise of jurisdiction under Sec. 148.
cases under () are commonplace in India, often leading to convictions followed by appeals. A critical aspect for is Section 148, introduced via the 2018 amendment, which empowers appellate courts to mandate a deposit before . But what are the key provisions and implications of Section 148 regarding Negotiable Instruments? This blog delves into the essentials, drawing from judicial commentaries and case law to provide clarity.
Note: This article offers general information based on legal precedents and is not a substitute for professional legal advice. Consult a qualified lawyer for case-specific guidance.
Section 148 states: Notwithstanding anything contained in the , in an appeal by the drawer against under section 138, the 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 . 2024 0 Supreme(AP) 467
This provision aims to expedite resolutions in cheque bounce cases and curb undue delays from appeals. 2025 Supreme(Online)(Ori) 1088 The primary objects behind the amendments to Sec. 143 and 148 of the was to expedite the resolution of cheque dishonor cases U/s. 138 of the and to prevent undue delays caused by the appeal. 2025 Supreme(Online)(Ori) 1088
The deposit is not a separate penalty but a condition for suspending the sentence during appeal. It must be at least 20% of the fine or compensation already imposed by the after . 2019 0 Supreme(Ker) 692
Key principles include:- The word may in Section 148 is construed as shall, making the deposit mandatory. 2019 6 Supreme 84- It applies when exercising jurisdiction under for suspension. 2019 0 Supreme(Ker) 692
Section 148, effective from , has retrospective reach. It can apply to complaints filed prior to the amendment date. 2019 6 Supreme 84
However, judicial views vary on appeals:- Some rulings affirm retrospective operation to pending prosecutions under . 2019 0 Supreme(Ker) 748- Others limit it to appeals filed after , excluding those admitted earlier. To appeals already admitted and pending consideration prior to , the provision does not have application. 2019 0 Supreme(Ker) 748
In practice, courts assess case-specific timelines, ensuring fairness.
Appellate courts set the deposit timeline, guided by directives: not less than 60 days. 2020 0 Supreme(Ker) 104
Section 148 overrides , prioritizing the 's mechanism. 2019 6 Supreme 84
While mandatory, waivers are possible in with recorded reasons. The has the discretion to waive the 20% deposit requirement under Section 148 of the if justified by . 2024 0 Supreme(AP) 467
For instance:- Financial hardship, especially post-Covid delays, may warrant modification (e.g., reducing to 25%). 2020 0 Supreme(Cal) 620- Courts must evaluate if the case is exceptional enough before waiving. The must evaluate if a case is exceptional to waive the mandatory 20% deposit under . 2024 0 Supreme(AP) 410
Non-compliance typically vacates suspension orders automatically, though the right to appeal persists independently. A party's right to appeal exists independent of compliance with compensatory deposit requirements, though non-compliance can vacate suspension orders. 2023 Supreme(Online)(KER) 12302
In one case, a allowed appeal proceedings sans deposit, recognizing the fundamental right to appeal despite procedural lapses. The court analyzed the provisions of the Negotiable Instruments Act, specifically Section 148 regarding the deposit of compensation before an appeal is heard. 2023 Supreme(Online)(KER) 12302
When appealing a Section 138 :1. Assess Applicability: Confirm if Section 148 triggers based on filing date.2. Prepare Finances: Budget for 20% deposit within 60+ days.3. Seek Exceptions: Plead genuine hardship with evidence.4. Comply Promptly: Avoid automatic vacation of stays.5. Monitor Release: Track potential refund on acquittal. 2019 0 Supreme(Ker) 692
Section 148 transforms appeals, promoting efficiency without denying justice. Stay informed on evolving precedents to navigate these waters effectively.
#NIActSection148, #ChequeBounce, #NegotiableInstruments
Sec.148 of the Negotiable Instruments Act reads like this : “Section 148: Power of Appellate Court to order payment pending appeal against conviction. ... O R D E R This Crl.M.C. is filed to set aside Annexure-A1 order for the reason that the mandatory provision of Sec. 148 of the Negotiable Instruments Act (for short 'NI#H....
Sec. 148 of the Negotiable Instruments Act - Criminal Appeal - 148 - The court discussed the discretionary ... . 148 of the Negotiable Instruments Act. ... appellate court to record reasons for exercising its discretion when ordering payment pending appeal against conviction, as per Sec ... Sec. 148 of the Negotiable Instruments Act, 1881 reads as unde....
The primary objects behind the amendments to Sec. 143 and 148 of the NI Act was to expedite the resolution of cheque dishonor cases U/s. 138 of the NI Act and to prevent undue delays caused by the appeal. ... passing such order is directing deposit of compensation amount which shall not be less than 20%, which is the mandate of Sec. 148 of the #HL_STAR....
in an appeal by the drawer against conviction U/Sec. 138 of N.I. ... It is necessary to mention that under the Negotiable Instruments Act, 1881 as per the provision U/Sec.148 of N.I.Act ... Having regard to the provisions U/sec.389 of Cr.P.C and Sec.148 of #HL_S....
. 148(3) of N.I. ... It is stated that in pursuance of the same since the Respondent/Complainant due to financial necessity has made application under Sec.148(3) of N.I. ... Further the Hon'ble Appellate Court by exercising its power under Sec.148 of N.I. ......
Das that the entire cheque amount has already been paid to the complainant-cum-OP No.2 and the matter has already been settled, however, fact remains that Sec. 148 of NI Act provides powers to be exercised by the Appellate forum, but Sec. 438 read with 442 of the BNSS prescribes the power exercisable ... under Appellate jurisdiction can be exercised in Revisional Jurisdiction and this Court, therefore, in....
Pass appropriate order setting aside Exhibit P5 order dated 07-06-2023 passed by the Sessions Court, Pathanamthitta to the extent it hold that the first respondent is having right to proceed with the criminal appeal without depositing the compensation amount passed under Sec.148 of N.I.Act. ... But the appellate court by Ext.P5 order held that, even though the 2nd respondent has not complied with Ext.P2 order passed under ....
The present case is related to AY 2015-16 and the notice u/s 148 of the Act has been issued on 29th July, 2022. The last date for issuing notice u/s 148 of the Act under the old provision is 31st March, 2022. ... 3. The Ld.AR submitted thatthe impugned assessment is related to re-assessment proceedings initiated for AY. 2015-16. The AO has issued the notice on 29-07-2....
3. For the purpose of clarity, Section 148(2) of the Negotiable Instruments (Amendment) Act is extracted hereunder: '148. ... The grievance of the petitioner is that the petitioner who is the accused under Section 138 N.I. ... .148(2) of the Negotiable Instruments (Amendment) Act, 2018. ... The contention of the petitioner is that ....
Pass appropriate order setting aside Exhibit P5 order dated 07-06-2023 passed by the Sessions Court, Pathanamthitta to the extent it hold that the first respondent is having right to proceed with the criminal appeal without depositing the compensation amount passed under Sec.148 of N.I.Act. ... But the appellate court by Ext.P5 order held that, even though the 2nd respondent has not complied with Ext.P2 order passed under ....
1. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, 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 percent of the fine or compensation awarded by the trial Court: S. 148 Power of Appellate Court to order payment pending appeal against conviction 5. Section 148 of Negotiable Instruments Act is as under : 4. The learned Assistant Publ....
1. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, in an appeal by the drawer against conviction under section 138, the Appellate Court may order the appellant to deposit1 such sum which shall be a minimum of twenty percent of the fine or compensation awarded by the trial Court: 4. The learned Assistant Public Prosecutor takes notice for the State and would submit that the Appellate Court has power to order the appellant to deposit such sum, which shall be a minimum....
10. Section 148 of the Negotiable Instruments Act provides as follows: " S. 148. (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. Power of Appellate Court to order payment pending appeal against conviction.-
3. The court below shall release the said amount, if it is deposited, to the complainant/petitioner/respondent as per rules, subject to proviso to Sub.sec.(3) of Sec.148 of the N.I. Act.” 3. Aggrieved appellant/accused is now before this Court challenging the order and seeking to quash the same.
It is useful to demonstrate certain examples, namely, Sec. 141 of the Negotiable Instruments Act, 1881 which specifically provides that:
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