148Power of Appellate Court to order payment pending appeal against conviction
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.]
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1. Ins. by Act 20 of 2018, s. 3 (w.e.f. 1-9-2018).
- 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
- 148 Power of Appellate Court to order payment pending appeal against conviction