Dishonour of Cheque -- Financial Hardship Pleaded Against Deposit of Twenty Percent Compensation Under Section 148 -- Deposit held mandatory, hardship no exception
(i) Negotiable Instruments Act, 1881, Ss.138, 148 -- Dishonour of Cheque -- Nature of Requirement to Deposit Compensation Pending Appeal -- The requirement to deposit compensation amount as a condition for suspension of sentence in appeal against conviction is generally mandatory under Section 148 of the Act, and stands as a rule rather than an exception. (ii) Negotiable Instruments Act, 1881, Ss.138, 148 -- Dishonour of Cheque -- Plea of Financial Difficulty Against Deposit -- Financial difficulty faced by the accused is not a ground sufficient to carve out an exception from the mandate of Section 148 of the Act requiring deposit of compensation.
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