Neutral Citation No. - 2025:AHC:56936 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 12410 of 2025 Applicant :- Kartar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mithilesh Kumar Shukla,Sudhir Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Mithilesh Kumar Shukla, learned counsel for applicant and learned AGA for the State. 2. Present application has been preferred with the prayer to quash the impugned order dated 15.02.2025 passed by learned Additional District Judge, Court no. 23, Agra in Criminal Misc. Case no. 833/2024 (Kartar Singh vs. State of U.P. and another) under Section 5 of Limitation Act as paper no. 3B. 3. Learned counsel for the applicant submitted that earlier applicant was convicted vide order dated 24.01.2024 under Section 138 N.I. Act and was directed to deposit Rs. 10,12,500/-. Against the order dated 24.01.2024, applicant preferred appeal, firstly on 15.02.2024 wherein he was released on bail during pendency of appeal with condition to deposit 20% of fine amount within 2 months. He deposited Rs. 1,00,000/- on 03.06.2024 but rest amount of Rs.1,00,000/- could not be deposited by him within time due to financial crises and as such learned court concerned dismissed the appeal as not being prosecuted on dated 13.08.2024. Applicant preferred application under Section 5 of Limitation Act with the prayer to condone the delay in filing second appeal on 13.09.2024 but vide order dated 15.02.2025 impugned through the instant application, delay condonation in second appeal preferred by petitioner, has been dismissed. 4. Sri Mithilesh Kumar Shukla, learned counsel appearing on behalf of applicant submitted that applicant is ready to deposit the remaining amount as directed by learned concerned court vide order dated 15.02.2024. 5. Considering the arguments raised by learned counsel for the applicant and the bona fide shown by way of deposition of Rs. 1 lakh, one opportunity is hereby extended in favour of applicant only to deposit Rs. 1,02,500/- within 15 days from today. 6. The impugned order dated 15.02.2025 is hereby set aside and after accepting the remaining amount as directed above, the appeal shall be decided on merits. Till 15 days from today, no coercive action shall be initiated against the applicant. 7. The instant application stands allowed accordingly. Order Date :- 16.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad