1 ( 2025:HHC:1372 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No.1097 of 2024 Date of Decision : 07.01.2025 Suresh Kumar Kaundal …… Petitioner Versus State of Himachal Pradesh and another ……Respondents Coram: The Hon’ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting?1 For the petitioner : Mr. Durga Singh Kainthla, Advocate. For the respondents : Mr. Diwakar Dev Sharma, Advocate, for respondent No.1. None for respondent No.2. Bipin Chander Negi, Judge (oral) Heard counsel for the parties and perused the impugned orders and the documents appended along with the present petition. The present petitioner had been convicted for an offence punishable under Section 138 of the Negotiable Instruments Act by the learned Judicial Magistrate First Class, Court No.II, Sunder Nagar, District Mandi, Himachal Pradesh, in Criminal Complaint No.249/2020, titled Amar Lal vs. Suresh Kumar, vide order dated 18.06.2024. 2. Feeling aggrieved of the same, present petitioner had preferred an appeal before the First Appellate Court. The same was listed before the Appellate Court on 20.08.2024. On an application 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 ( 2025:HHC:1372 ) seeking suspension of sentence, in the case at hand, the First Appellate Court had directed the present petitioner to deposit 20% of the compensation amount and furnish the bail bonds. The time to deposit the compensation amount was one month from 20.08.2024. 3. Since, in the case at hand, till 20.09.2024, 20% of the compensation amount, in terms of order dated 20.08.2024, passed by the First Appellate Court while suspending the sentence, had not been been deposited, therefore, an application for extension of time to comply with order dated 20.08.2024 had been preferred by the present petitioner. The same was listed before the First Appellate Court on 24.09.2024. While allowing the same, further 15 days’ time was accorded to the present petitioner for doing the needful, in terms of order dated 20.08.2024. 4. Even during the extended time of 15 days, 20% of the compensation amount had not been deposited by the present petitioner. In the given facts and attending circumstances of the case at hand, yet another application was filed for extension of time for complying with order dated 20.08.2024. The same was listed before the First Appellate Court on 16.10.2024. The said application was rejected, as according to the First Appellate Court, the same had been filed on flimsy grounds. 5. In terms of Section 148 of the Negotiable Instruments Act, specifically Sub Section 2 thereof, the maximum time to deposit the 3 ( 2025:HHC:1372 ) compensation amount, if any ordered by the First Appellate Court while suspending the sentence, is 60 days in the first instance. The same can be extended by another 30 days on sufficient cause shown by the appellant before the First Appellate Court. 6. Admittedly, in the case at hand, 90 days’ time from 20.08.2024 stands expired on 20.11.2024. After 20.11.2024, the First Appellate Court, in terms of Section 148(2) of the Negotiable Instruments Act, has no power to grant further extension of time, therefore, the present petition has been filed by the present petitioner. 7. Though, I see no reason to interfere with the well reasoned order dated 16.10.2024, however, in the interest of justice, time to deposit the compensation amount, in the case at hand, is extended further by 30 days from today. It is made clear that no further time shall be accorded to the petitioner for doing the needful. 8. In the case at hand, non bailable warrants had been issued for securing the presence of the petitioner, as he had not appeared before the First Appellate Court, on 19.10.2024. 9. Vide interim order dated 08.11.2024, passed by a Coordinate Bench of this Court, operation of the order dated 19.10.2024 (Annexure P-3) had been stayed till further orders. 10. In view of the fact that time for depositing 20% of the compensation amount has been extended further for 30 days from 4 ( 2025:HHC:1372 ) today, therefore, the petitioner is directed to appear before the First Appellate Court, on 06.02.2025, whereupon, appropriate steps for getting the non bailable warrants against the present petitioner cancelled, shall be taken by the petitioner. 11. In view of above terms, present petition stands disposed of, so also the pending miscellaneous application(s), if any. (Bipin Chander Negi) January 07, 2025 (KS) Judge