Anil Kumar vs Meena

Bipin Chander Negi, J

The present petition is filed under Section 482 of the Code of Criminal Procedure, seeking extension of time to comply with order dated 04.08.2023, passed by learned Additional Sessions Judge, Sirmour at Nahan.

Vide judgment dated 05.07.2023, passed by learned Judicial Magistrate First Class, Nahan, in Criminal Case No.144/3 of 2017, titled as Meena Kumari vs. Anil Kumar, the present petitioner was convicted and sentenced to undergo simple imprisonment for a period of 02 years and to pay a fine of Rs.18,00,000/- for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and in default of payment of fine, to undergo simple imprisonment for a period of 06 months.

Vide order dated 04.08.2023, in appeal, the sentence was ordered to be suspended subject to the petitioner’s furnishing personal bond in the sum of Rs.50,000/- with one surety in the like amount and depositing 20% of the compensation amount.

The petitioner did not deposit 20% of the compensation amount and neither did he furnish the personal bond and surety bond within the time so granted by the first appellate Court. For the reasons stated therein, time to furnish personal and surety bonds and deposit the compensation amount was extended vide order 23.11.2023 till 02.12.2023 and thereafter vide order dated 02.12.2023, time was further extended till 16.12.2023.

A perusal of Section 148(2) of the Negotiable Instruments Act, 1881 categorically reflects that the appellate Court cannot extend time beyond 90 days for deposit of compensation amount.

By virtue of the present petition, time is sought to be extended for a further period of seven days from today by permitting the petitioner to furnish personal and surety bonds and deposit the compensation amount. Vide Annexure P-7 appended with the petition, the petitioner has placed on record Bank Draft bearing No.021128 dated 17.01.2024 drawn on H.P. State Cooperative Bank Ltd., for a sum of Rs.3,60,000/- made in favour of learned Judicial Magistrate First Class, Nahan.

Placing on record the Bank Draft, details whereof, have been given supra establishes the bonafide of the present petitioner.

Besides aforesaid, for the valid and cogent reasons stated in Paragraph-9 of the petition, present petition is allowed. The petitioner is permitted to furnish personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of learned Trial Court and also to deposit 20% of the compensation amount within a period of seven days, i.e., on or before 26.01.2024.

In view of the aforesaid, present petition is disposed of, so also, pending miscellaneous application(s), if any.

A downloaded copy of this order shall be accepted by the learned trial Court while accepting the bail bonds of the petitioner and, in case, the said Court intends to ascertain the veracity of the downloaded copy of the order presented to it, the same may be ascertained from the official website of this Court.