NEERU SAINI Vs. USHA

JUDGEMENT

(1.) The petitioner has filed present revision petition under Section 401 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.') for setting aside order dated 13.02.2020 passed by learned Additional Sessions Judge, Panchkula whereby the conditional order dated 13.12.2019 for suspension of her sentence was vacated due to failure of the petitioner to deposit 25% of the compensation amount awarded by the trial Court.

(2.) Briefly stated the facts giving rise to the filing of the present revision petition are that respondent-Usha filed Complaint No.NACT 56 of 2016 titled 'Usha Rani Vs. Neeru Saini' under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I. Act') against the petitioner-accused. On trial the petitioner-accused was convicted and sentenced under Section 138 of the N.I. Act by learned Judicial Magistrate First Class, Panchkula vide judgment of conviction and order of sentence dated 23.10.2019. The petitioner filed Criminal Appeal No.271 of 2019 on which her sentence was suspended by learned Additional Sessions Judge, Panchkula vide order dated 13.12.2019 whereby the petitioner was directed to deposit 25% of the compensation amount awarded by the trial Court within one week. The time for deposit of 25% of the compensation amount was subsequently extended to 20.01.2020 vide order dated 21.12.2019 and to 13.02.2020 vide order dated 20.01.2020. The petitioner filed CRR-419-2020 titled as 'Neeru Saini versus Shobha' before this Court arising out of similar Complaint Case No.NACT-68 of 2016 titled 'Shobha Vs. Neeru Saini' and Criminal Appeal No.274 of 2019 which was dismissed as withdrawn vide order dated 11.02.2020 with liberty to the petitioner to file application before learned Appellate Court for extension of time for deposit of 25% of the compensation amount awarded by the trial Court in favour of the complainant. The petitioner did not file any application for extension of time and did not appear before the learned Appellate Court on 13.02.2020 on which the order for suspension of sentence of the petitioner was vacated and the petitioner was directed to surrender before the trial Court within four days failing which the trial Court was directed to secure her presence by issuing warrant of arrest so that the petitioner was made to undergo the sentence as awarded by the trial Court.

(3.) Feeling aggrieved the petitioner has filed the present petition. In the petition the petitioner has averred that she instructed her counsel to file application for extension of time to deposit 25% of the compensation amount awarded by the trial Court but her counsel did not file the same due to which the conditional order of suspension of her sentence was vacated. On being contacted, her counsel told her that on 13.02.2020 he was not well and could not appear before the Appellate Court. The petitioner has two minor children and is residing alone without her husband. Due to poverty the petitioner was unable to maintain her 10 months old daughter and gave her daughter to her relative. The petitioner will deposit the amount by arranging the same from her relatives. The petitioner is ready to deposit 25% of the compensation amount awarded by the trial Court. Therefore, the impugned order may be set aside and time for deposit of the above said amount may be extended.