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2025 DAILYLAW 20870 (HP)

SANJAY SHARMA v. M/S ANAND AUTOMOBILE THROUGH ITS PARTNER DHANUR GAUTAM

CRMMO/718/2025 · 2025-08-08

Rakesh Kainthla

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1. ( 2025:HHC:26708 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 718 of 2025 Reserved on: 04.08.2025. Date of Decision: 08.08.2025 Sanjay Sharma ...Petitioner. Versus M/s. Anand Automobile, through its partner Sh. Dhanur Gautam …...Respondent. Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting?1 No. For the Petitioner : Mr. Shivom Vashista, Advocate. For the Respondent : NEMO. Rakesh Kainthla, Judge The petitioner has filed the present petition for seeking extension of time to comply with the order dated 29.05.2025 passed by the learned Additional Sessions Judge, Nurpur, District Kangra, H.P., in Criminal Appeal titled Sanjay Sharma Vs. M/s. Anand Automobiles, Criminal Appeal Reg. No. 88/2025. 2. It has been asserted that the petitioner/accused was convicted by the learned Additional Chief Judicial Magistrate, Nurpur, District Kangra, H.P., for the commission of an offence 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2( 2025:HHC:26708 ) punishable under Section 138 of Negotiable Instruments Act (in short “NI Act”) and was sentenced to undergo simple imprisonment for six months, pay a compensation of ₹2 lakhs and in default of payment of compensation to undergo further simple imprisonment for one month for the commission of the aforesaid offence. 3. The petitioner/accused filed an appeal. He also applied for suspension of the sentence imposed by the learned Trial Court. Learned Additional Sessions Judge, Nurpur, District Kangra, H.P., ordered the suspension of the substantive sentence of imprisonment vide order dated 16.04.2025, subject to furnishing of personal and surety bonds in the sum of ₹20,000/- each to the satisfaction of the learned Trial Court within 30 days. The petitioner could not furnish the bail bonds in terms of the order dated 16.04.2025. He applied for extension of time on 29.05.2025, which was allowed, and the time was extended up to 16.06.2025. The petitioner/accused could not comply with the order within the time granted by the learned Appellate Court. Hence, the petition. 4. Heard. 5. It is undisputed that the learned Appellate Court had suspended the substantive sentence of imprisonment vide order dated 16.04.2025, and directed to furnish personal and surety 3( 2025:HHC:26708 ) bonds and to deposit the compensation amount. The time was extended on 29.05.2025 till 16.06.2025. Section 148(2) of the Negotiable Instruments (NI) Act provides that the amount of compensation is to be deposited within 60 days, which can be extended by a period not exceeding 30 days on sufficient cause being shown. This Court held in Cr. MMO No. 1179 of 2023, titled Surinder Singh Vs. Dharam Singh & Anr., decided on 14.12.2023, that the period of 90 days cannot be extended by taking recourse to the inherent jurisdiction. The 90-days period has expired, and it is impermissible to extend this time; hence, the application cannot be allowed and is dismissed. 6. The observations made hereinbefore shall remain confined to the disposal of the petition and will have no bearing, whatsoever, on the merits of the case. (Rakesh Kainthla) Judge 08th August 2025 (Shamsh Tabrez)