1 ( 2025:HHC:18122 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MMO No.449 of 2025 Date of Decision: 06.06.2025 Kamal Kumar …Petitioner Versus The Dev Co. Op. Non Agricultural Thrift and Credit Society …..Respondent Coram: The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the Petitioner : Mr. Vipin Pandit, Advocate. For the Respondent : None. Virender Singh, Judge (Oral) Petitioner Kamal Kumar has filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘the B.N.S.S.’) for setting aside the order dated 22.04.2025, passed by the Court of learned Additional Sessions Judge-1, Shimla, H.P. 2. By way of order dated 22.04.2025, the application for extension of time to comply with order dated 04.02.2025, passed in Cr.MP. titled as Kamal Kumar versus The Dev Co. Op. Non Agricultural Thrift and Credit Society was dismissed. 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 ( 2025:HHC:18122 ) 3. As per the factual position asserted in the petition, the petitioner was convicted by the Court of learned Additional Chief Judicial Magistrate, Court No.2, Shimla, under Section 138 of the Negotiable Instrument Act. 4. Against the said judgment of conviction dated 16.01.2025 and order of sentence dated 17.01.2025, the petitioner had preferred the appeal before the Court of learned Additional Sessions Judge-1, Shimla. Alongwith the application, application for suspension of sentence had also been moved, which was allowed by the Court of learned Additional Sessions Judge(1) Shimla, vide order dated 04.02.2025, subject to deposit of 20% of the amount of compensation and by furnishing the personal bonds, in the sum of Rs. 50,000/- with one surety in the like amount. 5. Admittedly, the said order has not been complied with and application for extension of time has been moved on 22.04.2025, which was dismissed by the learned Additional Sessions Judge (I), Shimla, 6. Now, the petitioner is before this Court by way of the present petition. Learned counsel for the petitioner has highlighted the indigent circumstances, due to which, the petitioner could not deposit the amount and according to learned 3 ( 2025:HHC:18122 ) counsel for the petitioner, the statutory period as per Section 148 (2) has not elapsed. 7. Considering the said fact, the present petition is allowed by enabling the petitioner to comply with order dated 04.02.2025 passed by the learned trial Court, within a period of seven days from today. 8. Pending miscellaneous applications, if any, shall also stand disposed of accordingly. (Virender Singh) Judge June 06, 2025 (subhash)