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When an appellate court orders a deposit under section 148(1) of the Negotiable Instruments Act, 1881,…

Section 148(1) sets a minimum of 20% of the trial court’s fine or compensation where the appellate court makes a deposit order. The court may dispense with the ordinary…

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When an appellate court orders a deposit under section 148(1) of the Negotiable Instruments Act, 1881, on an appeal by the drawer against a section 138 conviction, what is the statutory minimum percentage of the fine or compensation awarded by the trial court?

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Answer and explanation

Correct answer D

Section 148(1) sets a minimum of 20% of the trial court’s fine or compensation where the appellate court makes a deposit order. The court may dispense with the ordinary deposit condition in an exceptional case for recorded reasons.

Option feedback

Option A

Five percent is below the minimum for an order under section 148(1).

Option B

Ten percent is below the minimum for an order under section 148(1).

Option C

Fifteen percent is below the minimum for an order under section 148(1).

Option D

Section 148(1) sets a twenty-percent minimum where the appellate court makes the order.

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