Power of Appellate Court to order payment pending appeal against conviction
Section 148 of the Negotiable Instruments Act, 1881 deals with power of Appellate Court to order payment pending appeal against conviction. 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. The Act came into force on 01 Mar 1882.
1[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.]
Section 148, The Negotiable Instruments Act, 1881 (Act 26 of 1881).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Surinder Singh Deswal v. Virender Gandhi
Court's Decision & Legal Precedent
Judgement of Main Case order-3.pdf 2019-05-29 (not same-date order-2 ROP). Shah/Bopanna. NI Act s.148 (2018) deposit pending appeal against a s.138 conviction is purposive and applies to pending appeals; appellate courts should ordinarily order ~20% deposit to check delay tactics. Distinguished from s.143A. Fills the NI 148 gap (138/139/141 already in combined).
On this section: s.148 (2018) deposit pending appeal against a s.138 conviction is the ordinary appellate direction and applies to pending appeals.
-
Madhav Saran Agarwal vs Msx Mall Pvt. LTD
Court's Decision & Legal Precedent
Section 138/141 proceedings under the Negotiable Instruments Act against a corporate debtor are covered by the moratorium provision in Section 14(1)(a) of the Insolvency and Bankruptcy Code, 2016, as such proceedings relate to transactions evidencing debt of the corporate debtor and result in depletion of its assets through compensation orders, thereby directly impacting the object of the moratorium which is to preserve the corporate debtor's assets during the insolvency resolution process so it can continue as a going concern and be rehabilitated. However, the moratorium applies only to the corporate debtor and not to natural persons (Directors/officers) in charge of and responsible for the conduct of the business of the corporate debtor, who remain liable to prosecution under Section 138/141 as the corporate debtor is a necessary party to such proceedings.
On this section: Cited to show appellate court can order deposit of fine amount; reflects compensatory focus
-
Sheeba Radhakrishnan vs rubby m anu
Court's Decision & Legal Precedent
The mandatory pre-deposit under Section 148 of the NI Act can be waived by the Appellate Court if imposing the condition would result in the deprivation of the statutory right of appeal due to the appellant's financial crisis.
On this section: Mandatory nature of pre-deposit for appeals against conviction.
-
Coffee Dynamics Pvt. Ltd. - through Its Director Rahul Anil Leekha vs Government of Gujarat
Court's Decision & Legal Precedent
The statutory requirement of depositing a minimum of 20% of the fine or compensation under Section 148 of the N.I. Act is not absolute; appellate courts have the discretion to reduce or exempt the deposit amount under exceptional circumstances of financial hardship by recording specific reasons.
On this section: Analyzed to determine the necessary interim deposit amount expected from the appellant to qualify for suspension of sentence.
-
O S Narayanasamy vs R Arumugam
Court's Decision & Legal Precedent
The Appellate Court, while exercising power under Section 389 CrPC in an NI Act appeal, may adjust the quantum of interim deposit under Section 148 NI Act if compelling personal hardships such as severe medical illness are sufficiently proved.
On this section: Governs the power of the Appellate Court to order a deposit of a minimum of 20% of the fine/compensation.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 148
What have the courts held on Section 148 of the Negotiable Instruments Act?
Surinder Singh Deswal v. Virender Gandhi (29 May 2019) is the leading judgment on this section among those set out below: s.148 (2018) deposit pending appeal against a s.138 conviction is the ordinary appellate direction and applies to pending appeals. Another 4 judgments on this section are set out below, 2 of them from the Supreme Court. They run from 2019 to 2025.
How do I find court cases under Section 148 of the Negotiable Instruments Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: NI Act 148, section 148 NI Act, section 148 of the Negotiable Instruments Act. People searching for it also type ni act 148 2 and ni act 148 3. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 5 reported judgments on this section are set out on this page, beginning with Surinder Singh Deswal v. Virender Gandhi (29 May 2019).
What should I read with Section 148 of the Negotiable Instruments Act, and has it changed?
Its own text turns on section 138 (Dishonour of cheque for insufficiency, etc., of funds in the account), section 143A (Power to direct interim compensation), so none of them can safely be read on its own.
When did Section 148 of the Negotiable Instruments Act come into force?
Section 148 of the Negotiable Instruments Act, cited as NI Act 148, came into force on 01 Mar 1882, having been enacted on 09 Dec 1881. It is in force as at the date shown on this page.
Other sections of this Act
- 138. Dishonour of cheque for insufficiency, etc., of funds in the account312 words
- 142A. Validation for transfer of pending cases299 words
- 143. Power of Court to try cases summarily297 words
- 143A. Power to direct interim compensation291 words
- 142. Cognizance of offences290 words
- 141. Offences by companies287 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.