Kamlesh vs Kiran Kumar

Sandeep Sharma, J

Having regard to the nature of order proposed to be passed in the instant proceedings, this Court sees no necessity to issue notice to the respondent and same is dispensed with.

Being aggrieved and dissatisfied with order dated 10.3.2021 passed by learned Additional Sessions Judge, Sirmaur at Nahan, in Cr. Appeal No. 37-N/10/20, whereby application for extension of time to deposit 25% of cheque amount, in terms of order dated 9.11.2020 passed by said court, came to be dismissed, petitioner-accused (hereinafter, 'accused') has approached this Court in the instant proceedings filed under S.482 CrPC, praying therein to set aside order dated 10.3.2021 and thereafter permit him to deposit 25% of cheque amount and furnish bail/personal bonds, in terms of order dated 9.11.2020 passed by learned court below.

Though having perused zimni orders passed by learned Court below, placed on record, this court finds that petitioner accused despite repeated opportunities failed to deposit 25% of cheque amount, in terms of order dated 9.11.2020, whereby court below, while suspending substantive sentence imposed by learned Additional Chief Judicial Magistrate, Paonta Sahib, in Case No. 654/3 of 2015, titled Kiran Kumar vs. Kamlesh, directed accused to deposit 25% of cheque amount within one month, however, having taken note of the explanation rendered in the application, this court, without going into merits of the case, deems it fit to grant one last opportunity of one week, as prayed for by accused to deposit 25% of cheque amount and furnish personal/bail bonds, in terms of order dated 9.11.2020 before learned court below.

Consequently, in view of above, present petition is allowed. Order dated 10.3.2021 passed by learned Additional Sessions Judge, Sirmaur at Nahan, in Appeal No. 37-N/10 of 2020 is set aside. Accused is permitted to deposit 25% of cheque amount in terms of order dated 9.11.2020 within one week from today and to furnish personal bonds within the same time, failing which order dated 10.3.2021 shall automatically revive and no more opportunity for the purpose would be granted to the accused. However, in case, amount is deposited within the time stipulated by this Court, interim protection granted to the accused vide order dated 9.11.2020 shall revive and judgment of learned trial court will not be executed till final disposal of appeal pending before learned Court below.

Petition stands disposed of in the aforesaid terms.

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