SANDHYA DEVI Vs. RAJAN CHOPRA

JUDGEMENT

(1.) The petitioner has filed the present petition against the order dt. 13/8/2025, passed by learned Additional Sessions Judge, Kullu, District Kullu, in Cr. MP No.265 of 2025, titled Sandhya Devi Vs. Rajan Chopra. It has been asserted that the learned Judicial Magistrate First Class, Mandi convicted the petitioner of the commission of an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1888 (NI Act) and sentenced him to undergo simple imprisonment for six months and to pay a compensation amount of Rs.1,25,000.00 for mental agony i.e. Rs.1,00,000.00 cheque amount and Rs.25,000.00 vide judgment/order dt. 29/8/2024 in Complaint No. 131/2021. The petitioner has filed an appeal, which was registered as Cr. Appeal No. 213 of 2024, and is pending before the learned Additional Sessions Judge, Kullu, District Kullu. It was taken up on 15/10/2024, and the learned Appellate Court suspended the sentence imposed upon the petitioner, subject to his furnishing personal bond in the sum of Rs.50,000.00 with one surety in the like amount to the satisfaction of the learned Trial Court and depositing 20% of the compensation amount within 60 days. This order could not be complied with due to financial difficulties. The petitioner filed an application for extension of time, which was allowed, and the time to comply with the order was extended on 10/1/2025. The petitioner could not comply with the order dt. 10/1/2025, and he filed another application for extension of time, which was dismissed on the ground that it was impermissible to extend the time beyond 90 days under Sec. 148 of the Negotiable Instruments Act (NI Act). The petitioner is facing financial difficulties, and she could not arrange the money. She is suffering from various ailments and requires medical treatment. She intends to comply with the order dt. 15/10/2024; therefore, it was prayed that the present petition be allowed and the time to comply with the order be extended.

(2.) Mr Narender Singh Thakur, learned counsel for the petitioner, submitted that the learned Appellate Court erred in not extending the time granted by it. The petitioner had various ailments, and she had sought medical treatment for them. She was unable to comply with the o der because of her financial difficulties; therefore, he prayed that the present petition be allowed and the time to comply with the order be extended. He relied upon the judgment of Co-ordinate Bench of this Court in Cr. MMO No. 705 of 2023, titled Narayan Singh Vs. Mohinder Singh decided on 7/7/2023, in support of his submission.

(3.) I have given considerable thought to the submissions made at the bar and have gone through the records carefully.