Negotiable Instruments Act, 1881–Sec. 148–Whether the usage of the word “may” in Section 148 provides a discretion to the Court to impose or not to impose the condition of depositing a minimum of 20% of the fine amount ?–Held, no–If the intention of the Legislature was to give the discretion to not ask the convict to deposit any sum, there was no reason to prescribe a minimum limit of 20% of the fine amount–If Section 148 is regarded to be discretionary to the effect, the Court may do away with the deposit, then the Court would render defunct the very requirement of deposit pendente lite appeal–A
purposive interpretation is necessary and the same would warrant that the expression “may” as contained in Section should be read as “shall”–Petitioner is directed to deposit the amount.
