S.148 NI Act | Deposit of Minimum 20% of Fine in Appeal is Mandatory

G.k. Construction Company Vs Balaji Makan Samagri Stores (Rajasthan High Court)

The core question whether the usage of word ‘may’ in section 148 of Negotiable Instruments Act, 1881 provides a discretion to the Court to impose or not to impose the condition of depositing minimum 20% of the fine amount, is required to be dilated upon at some length.

The expression ‘may’ used in section 148 of the Act at first glance gives an impression that it gives a leeway/discretion to the Appellate Court to direct/not direct

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