Naveen Sharma vs Krishan Lal And Anr

Sandeep Sharma, J

Petitioner-accused, who is accused in proceedings initiated under Section 138 of the Negotiable Instruments Act, is aggrieved of order dated 2.5.2026 passed by the learned Additional Sessions Judge, Kinnaur at Rampur (learned Appellate Court), in case titled Naveen Sharma v. Krishan Lal Bhaluni, whereby afore court while suspending the substantive sentence imposed by the learned trial Court, directed the petitioner/ accused to deposit 20% of the compensation amount within a period of one month.

Since on account of financial crunch, petitioner/accused has not been able to comply with aforesaid order, as a result of which, sword of execution of judgment of conviction and sentence recorded by the learned trial Court is hanging on his head, he has approached this Court in the instant proceedings, praying therein to modify order dated 2.5.2026, passed by the court of learned Appellate Court, by permitting the petitioner herein to deposit 10% of the amount of compensation instead of 20%.

Having regard to the nature of order proposed to be passed, this Court sees no necessity to issue notice to respondent No.1, who in the event of notice being issued, would be unnecessarily compelled to engage a lawyer, which can be otherwise disposed of on the basis of pleadings and material available on record.

Respondent-State is represented by Mr. Rajan Kahol, learned Additional Advocate General, who fairly states that this Court keeping in view the peculiar facts and circumstances of the case may pass appropriate orders.

Though no illegality can be said to have been committed by the learned Appellate court while directing the petitioner/accused to deposit some amount out of total compensation amount during the pendency of the appeal, but having regard to the poor financial condition of the petitioner, this court without going into the merits of the case, deems it fit to modify the order dated 2.5.2026, passed by learned Additional Sessions Judge, Kinnaur at Rampur, in case detailed herein above, to the extent that he instead of depositing 20% of the amount in terms of afore order, shall deposit 10% of the amount, within a period of two weeks, failing which order dated 2.5.2026, shall revive automatically and no more opportunity for extension of time shall be granted by the court. Ordered accordingly. The petition stands disposed of in the aforesaid terms, along with all pending applications.