NI Act Section 148: Power of Appellate Court to order payment pending appeal against conviction
Negotiable Instruments Act, 1881 · Chapter 17: Of penalties in case of dishonour of certain cheques for insufficiency of funds in the accounts
Also available in: हिंदी
¶[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.]
Official reference: India Code, Government of India — official section HTML — source review: 5 October 2026.Recorded edition / snapshot date: 2026-10-05.Banaka reference transcription of the official HTML snapshot; not an official or certified edition. Source wording and amendment brackets are retained; layout and footnote callouts are omitted. The recorded date is the review snapshot, not a separately dated consolidation. Hindi guides are original explanations. Read the source amendment notes and current judicial interpretation alongside the text. The historical schedule and section 2 are repealed.Read the original schedule and amendment notes
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 138. Dishonour of cheque for insufficiency, etc., of funds in the account
- 139. Presumption in favour of holder
- 140. Defence which may not be allowed in any prosecution under section 138
- 141. Offences by companies
- 142. Cognizance of offences
- 142A. Validation for transfer of pending cases
- 143. Power of Court to try cases summarily
- 143A. Power to direct interim compensation
- 144. Mode of service of summons
- 145. Evidence on affidavit
- 146. Bank's slip prima facie evidence of certain facts
- 147. Offences to be compoundable