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Judgment
9 paragraphs · 344 wordsHeard the parties through video conferencing.
Mr. Santosh Kumar Soni, learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks after the lockdown period is over.
In view of the personal undertaking of the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.
This criminal miscellaneous petition has been filed under section 482 Cr.P.C by the petitioner with a prayer for modification of the order dated 16.01.2019, passed in A.B.A. No. 5275 of 2018.
It is submitted by the learned counsel for the petitioner that the petitioner was directed to surrender before the court below within six months but due to paucity of money, he could not prepare the demand draft to be deposited within the stipulated time. It is next submitted that the petitioner has collected money and has prepared a demand draft of Rs.2,00,000/- in terms of the order dated 16.01.2019, passed in A.B.A. No. 5275 of 2018 which has become invalid because of efflux of time and the petitioner undertakes that he will revalidate the demand draft and file the same in the court below. Hence, it is submitted that time to surrender before the court below in terms of the order dated 16.01.2019, passed in A.B.A. No. 5275 of 2018 be extended for four weeks from the date of this order.
Learned Addl. P.P. has no serious objection.
Considering the aforesaid submission of the learned counsel for the petitioner, the prayer for extension of time for the petitioner to surrender in the court below in terms of the order dated 16.01.2019, passed in A.B.A. No. 5275 of 2018 is allowed. Hence, the petitioner is directed to surrender before the court below "within four weeks from the date of this order in terms of the order dated 16.01.2019, passed in A.B.A. No. 5275 of 2018".
The order dated 16.01.2019, passed in A.B.A. No. 5275 of 2018 is modified to the aforesaid extent only.
This criminal miscellaneous petition is disposed of accordingly.