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Judgment
6 paragraphs · 283 wordsMary Joseph, J
This petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C’) seeking for enlargement of time for deposit of 20% of cheque amount ie. Rs.80,000/- within a period of two months from 06.03.2021.
The copy of the order is produced alongwith the petition on hand as Annexure A1. Annexure A1 order was passed in Crl.M.P.No.748/2021, suspending the execution of the sentence imposed by the judgment assailed in Crl. Appeal No.33/2021. Under Section 148 of the Negotiable Instruments Act, 1881 (for short ‘NI Act’) the petitioner is entitled to get 60 days’ time initially and thereafter, to a further period of 30 days on sufficient cause being shown. The petitioner did not approach the court below on expiry of the period granted by it seeking to get the time for payment extended showing sufficient reasons. Only when compulsory measures were initiated against him, he rushed to this Court seeking for enlargement of time.
The petitioner has produced the order in suo motu Writ Petition (C) No.03/2020 wherein the Apex Court had extended the period of limitation in all matters upto 30.05.2022. The period granted by the Apex Court is also expired. Petitioner has approached this Court only on 13.06.2022 ie. 12 days after the date on which the period extended by the Apex Court was expired.
However, as of indulgence, this Court is inclined to allow the application and to grant three days’ time to the petitioner to deposit the amount. If he tenders the amount within the time, the court below shall accept it and refrain from executing the coercive steps already taken against him.
Crl.M.C stands disposed of accordingly.