Dishonour of Cheque -- Deposit of 20% Compensation -- Financial difficulty of accused not a ground for waiver
(i) Negotiable Instruments Act, 1881, S.138 -- Dishonour of Cheque -- Deposit of 20% Compensation -- Financial difficulty faced by the accused is not a sufficient ground to waive the mandatory requirement of depositing 20% of the compensation amount as a condition for suspension of sentence during the pendency of an appeal under S.148 of the Act. (ii) Negotiable Instruments Act, 1881, S.138 -- Dishonour of Cheque -- Release of Deposited Amount to Complainant -- The amount deposited by the accused towards 20% of the compensation as a condition for suspension of sentence during the pendency of an appeal can be released to the complainant. This reflects the legislative intent to provide timely relief to the complainant and to deter the filing of frivolous appeals.
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