(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 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.
Legal Commentary & Landmark Judgments: Section 148
Section 148 empowers the Appellate Court to direct the appellant-convict to deposit a minimum of twenty per cent of the fine or compensation awarded by the trial court as a condition for hearing the appeal or suspending the sentence.
For complainants defending an appeal, file an immediate application under Section 148 seeking 20% to 50% deposit before the sentence is suspended, and apply to have that money released. For convicted appellants, cite Jamboo Bhandari (2023): demonstrate exceptional circumstances (e.g. serious flaw in conviction, bankruptcy, lack of debt proof) to convince the appellate judge to reduce or dispense with the 20% deposit requirement.