NI Act · Original explanations
Sections 143A and 148: interim compensation vs appeal deposit
Other language: हिंदी
Compare the stage, percentage base and discretion under sections 143A and 148, with Supreme Court context and repayment provisions.
Section 143A concerns interim compensation during trial at the specified plea/charge stages. The court may order payment, with a ceiling of 20% of the cheque amount. In Rakesh Ranjan Shrivastava (15 March 2024), the Supreme Court explained that the power is discretionary and requires consideration of relevant circumstances. 'Up to 20%' is not a rule that every complainant automatically receives 20% when the complaint is filed.
Section 148 applies to an appeal by the drawer against conviction under section 138. The statutory deposit provision refers to at least 20% of the fine or compensation awarded by the trial court, additional to interim compensation paid under section 143A. The base and procedural stage therefore differ. Muskan Enterprises (19 December 2024), discussing Jamboo Bhandari, recognises reasoned exceptions rather than a mechanically imposed deposit in every case.
Both sections specify 60 days for the directed payment/deposit and a possible further period up to 30 days on sufficient cause. They also contain provisions for return with interest after acquittal, operating in their respective settings. Read the court's actual order, the applicable subsection and any extension; neither percentage is a substitute for the final adjudication or a general advance-payment entitlement.
Worked example
Illustration: a ₹1 lakh cheque gives a statutory section 143A ceiling of ₹20,000 if the court exercises that power. If the trial court later awards ₹1.5 lakh compensation, section 148's percentage provision uses that award, not simply the cheque face value. This comparison illustrates the bases; it does not predict either order.
Key distinction
143A: trial, cheque amount, ceiling. 148: appeal after conviction, court award, statutory minimum with judicially recognised exceptions.
Read the relevant sections
Additional primary sources
The official NI Act text still contains CrPC references. BNSS repeal, savings and the timing of a proceeding need separate attention; this collection does not mechanically replace those references.
Original educational explanations, not individual legal advice. Hindi guides are not statutory translations. The official HTML snapshot was reviewed on 5 October 2026; it is not a separately dated consolidated edition. Consult official text and applicable judicial interpretation. Official Act