Himachal Pradesh High Court
CRMMO/1112/2024 on 19 December 2024
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. MMO No.1112 /2024.
Date of Decision: 19th December, 2024.
Sandeep Kumar
.....Petitioner
Versus
State of HP & Anr.
…..Respondent
Coram
The Hon’ble Mr. Justice Bipin Chander Negi, Judge.
Whether approved for reporting?1
For the Petitioner: Mr. Servedaman Rathore, Advocate.
For the Respondents:
Mr. Diwakar Dev Sharma, Addl. Advocate
General, for respondent No.1.
Mr. Nikhil, Advocate, for respondent
No.2.
Bipin Chander Negi, Judge (oral).
The present petition has been filed against the judgment of conviction and order of sentence dated 28.06.2024, whereby the petitioner was convicted by the learned Judicial Magistrate First Class, Court No.1, Solan, HP for having committed offence punishable under Section 138 of Negotiable Instruments Act (hereinafter referred to as NI Act). He was sentenced to undergo simple imprisonment for a period of six months and to pay a compensation of Rs.3,50,000/-. The cheque amount, in the case at hand, was Rs.3 lacs.
2.
Feeling aggrieved by the aforesaid judgment of conviction and order of sentence, the present petitioner
Whether reporters of Local Papers may be allowed to see the judgment?
had preferred an appeal before the learned Addl. Sessions Judge, Court No.1, Solan, HP. On 31.07.2024, the sentence imposed on the present petitioner by the learned trial Court vide judgment dated 28.06.2024
was
suspended, subject to the petitioner depositing 20% of the compensation amount within 30 days from 31.07.2024.
3.
Since the order dated 31.07.2024 could not be complied with, therefore, an application for extension of time had been filed on 03.09.2024, to deposit the compensation amount in terms of order dated 31.07.2024.
The said application was listed on 03.09.2024, before the First Appellate Court. Time was extended till 26.09.2024.
4.
Heard counsel for the parties. Perused the petition and documents appended thereto. No reply is intended to be filed on behalf of respondent No.2.
5.
At the very outset, it would be appropriate to refer to Section 148 of the NI Act. Relevant extract whereof is being reproduced hereinbelow for ready reference:-
148. Power of Appellate Court to order
payment
pending
appeal
against
conviction.
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(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), in an appeal by the drawer against conviction under section 138, the Appellate Court may order the appellant to deposit such sum which shall be a minimum of twenty per cent. of the fine or compensation awarded by the trial Court:
Provided that the amount payable under this sub-section shall be in addition to any interim compensation paid by the appellant under section 143A.
(2) The amount referred to in sub-section
(1) shall be deposited within sixty days from the date of the order, or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the appellant.
(emphasis supplied)
6. From a perusal of the aforesaid provision, it is evident that the maximum period, which can be granted by the First Appellate Court for depositing the entire compensation amount is 90 days. Admittedly, in the case at hand, 90 days have been lapsed. The First Appellate Court has no power to extend the time beyond 90 days.
7. For the bona fide reasons shown in the present petition, time for depositing 20% of the compensation amount as ordered by the trial Court vide order dated 31.07.2024, as extended vide order dated 03.09.2024, is further extended by a period of two weeks from today i.e. 19.12.2024.
In view thereof, present petition is disposed of, so also the pending application(s), if any.
(Bipin Chander Negi)
Judge
19th December, 2024 (Gaurav Rawat)