SANJEEV KUMAR Vs. SATISH KUMAR

JUDGEMENT

(1.) The present petitioner vide judgment of conviction and order of sentence dtd. 22/8/2023, passed by learned Judicial Magistrate, 1st Class, Rajgarh, District Sirmour, H.P., has been convicted for the commission of offence punishable under Sec. 138 of the Negotiable Instruments Act,1881 and has been sentenced to undergo simple imprisonment for a period of one year and further to pay a fine of Rs.5,00,000.00 and in case of default in payment of fine, the petitioner was further directed to undergo simple imprisonment for six months.

(2.) Feeling aggrieved by the aforesaid judgment of conviction and order of sentence passed by learned Judicial Magistrate, 1st Class, Rajgarh, Sirmour District at Nahan, H.P., the present petitioner had preferred an appropriate appeal before learned Sessions Judge, Sirmour, District at Nahan. Vide order dtd. 22/9/2023 passed by learned Sessions Judge, Sirmour, District at Nahan in 20-Cr.M/4 of 2023 titled Sanjeev Kumar vs. Satish Kumar, the petitioner had been directed to deposit 20% of fine amount and was required to furnish personal bond in the sum of Rs.25,000.00 with one surety in the like amount before learned trial court within a period of 60 days as per Sec. 148(2) of Negotiable Instruments Act, 1881. Further vide aforesaid order, an undertaking had been given by the petitioner that in the event of failure of his appeal, the petitioner shall surrender before the trial court to receive the sentence.

(3.) Since the compensation amount could not be deposited within stipulated period, the present petitioner had moved an application before learned Sessions Judge, Sirmour, District at Nahan, for seeking further extension of time. The said application was dismissed vide order dtd. 8/1/2024 on account of the fact that the statutory period as directed under Sec. 148(2) of Negotiable Instruments Act, 1881, i.e. 90 days had expired on 21/12/2023. Therefore, the application filed for extension of time by the petitioner on 6. 01.2024 before the learned Sessions Judge, was held to be not maintainable as learned Sessions Judge has no discretion to extend the time beyond 90 days.