BHARAT SHARMA Vs. RAMBABU SAHU

JUDGEMENT

(1.) The petitioner has filed the present petition under Sec. 482 of the Code of Criminal Procedure, 1973 (herein after referred to as the Code) challenging order dtd. 8/12/2023 (Annexure A/1) passed by learned Second Additional Sessions Judge, Biaora, Rajgarh (M.P.), whereby an application filed on 4/12/2023 seeking review of order dtd. 5/10/2023 has been dismissed.

(2.) The petitioner has already challenged order dtd. 5/10/2023 by way of Miscellaneous Criminal Case No.47294 of 2023 and this Court vide order dated 22. 11.2023 (Annexure A/2) has only extended the period of thirty days to sixty days and maintained the order of deposit of 20% of the cheque amount. Instead of depositing the amount within the extended period, the petitioner filed an application for recalling of order dtd. 5/10/2023, the Court has rightly rejected the same.

(3.) Learned counsel for the petitioner submits that the Court did not consider the period extended by this Court. The period extended by this Court came to an end on 5/12/2023. The learned Court passed order on 8/12/2023. After 5. 12.2023, the effect of order dtd. 22/11/2023 has come to an end. The only relief which has been granted by this Court is to deposit the amount within sixty days. Instead of doing so, he has again file an application for recalling of the order, hence, rightly suffered a dismissal. Now, the appeal is fixed for final arguments on 8/1/2024. On 8/1/2024, the petitioner may argue the matter finally.