compulsory and/ or mandatory and is thus, open to exercise of discretion and relaxation in exceptional cases, as and when the need arises. 19. In view of the aforesaid, such an order asking an appellant ( like the petitioner herein ) to deposit 20% of the fine or compensation awarded by the learned MM in a complaint under Section 138 of the NI Act, passed by the appellate Court ( like the learned ASJ herein ) while dealing with an appeal under Section 148 of the NI Act, has to reflect due application of mind as it ought not to be passed mechanically. Prima facie , therefore, in the considered opinion of this Court for exercising the discretion and relaxation in exceptional cases, as and when the need so arises, the appellate Court ( like the learned ASJ herein ) has to bear in mind various surrounding circumstances like those relating to the nature of transaction(s) involved; the relationship(s) inter-se the parties involved; the quantum of amount involved; the financial capacity of the parties; is the condition of deposit of 20% imposed upon the an appellant ( like the petitioner herein ) going to hamper the right of appeal of such an appellant, particularly, since the appellant ( like the petitioner herein ) is going to be called upon to deposit 20% of the fine or compensation awarded by the learned MM at the very initial stage itself, without the appellate Court ( like the learned ASJ herein ) proceeding to hear the appeal on merits involved, amongst other factors. 20. Interestingly, the Hon’ble Supreme Court, while dealing with a similar issue of deposit of 20% of the fine or compensation awarded by the learned MM in Section 148 of the NI Act, in Surinder Singh Deswal @
