Surinder Singh Deswal alias Col. S.S. Deswal v. Virender Gandhi
Supreme Court of India(2019) 11 SCC 341The Supreme Court held that the deposit of a minimum 20% of the fine or compensation awarded under S.138, as required by Section 148 (inserted by the 2018 Amendment), is mandatory and not directory. An appellate court must direct this deposit before entertaining the appeal. The intent of the provision is to prevent abuse of the appellate process by convicted cheque-bouncers seeking to delay payment. The only exception is where the appellate court records "special reasons" — and these must be exceptional circumstances, not routine grounds. S.148 applies only to appeals filed after 1 September 2018. The 20% is in addition to any other deposit or stay condition the court may impose.