2025:HHC:2988 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. 60 of 2025 Date of Decision: 10.01.2025 Sandeep Kumar .....Petitioner Versus State of Himachal Pradesh & Anr. …..Respondents Coram The Hon’ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1 For the Petitioner: Mr. Servedaman Rathore, Advocate. For the Respondents: Mr. B.N. Sharma, Additional Advocate General, for respondent No. 1. Bipin Chander Negi, Judge (oral). Heard counsel for the petitioner. Perused the record appended alongwith the present petition. 2. Vide judgment dated 09.08.2024 passed in complaint No. 7/3 of 2023 under Section 138 of the N.I. Act, the present petitioner had been convicted. Feeling aggrieved of the same, an appeal was preferred before the Additional Sessions Judge, Sirmour District Nahan H.P. The matter was listed before the Appellate Court on 18.09.2024. On the said date, the sentence imposed by the Trial Court was suspended subject to the petitioner herein furnishing personal bonds in the sum of 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes 2025:HHC:2988 2 Rs.50,000/- with one surety in the like amount and depositing 25% of the compensation amount with the trial Court within a period of two month from 18.09.2024. 3. Admittedly in the case at hand within two month of passing of the order dated 18.09.2024 by the 1st Appellate Court, 25% of the compensation amount could not be deposited before the trial Court by the petitioner herein. As a sequel thereto, the present petitioner preferred yet another application seeking extension of time for depositing 25% of the compensation amount in terms of order dated 18.09.2024, whereby sentence imposed by the trial Court had been suspended subject to deposit of the 25% of the compensation amount. The aforesaid application came up before the Appellate Court on 20.11.2024. The application was allowed and time for furnishing 25% of the compensation amount was further extended in the case at hand by the 1st Appellate Court on 20.11.2024 till 10.12.2024. 4. During the extended time also, the petitioner was unable to deposit 25% of the compensation amount. 5. The power of the Appellate Court in the case at hand directing the present petitioner to deposit 25% of the compensation amount before the Appellate Court comes from Section 148 of NI Act. A perusal of Section 148 (sub section 2) thereof makes it evident that time to deposit can in the first date be granted up to a maximum of 60 days. Subsequent extension on 2025:HHC:2988 3 showing sufficient cause for depositing 25% of the compensation amount can be further extended by 30 days. In all, the appellate Court can grant 90 days to the appellant before it to deposit the compensation amount. 6. Indisputably in the case at hand, period of 90 days has expired. It is in the aforesaid circumstances, the present petitioner has approached this Court. In view of the aforesaid facts and attending circumstances, since no harm of prejudice shall be caused to the private respondents, in the interest of justice and for the bona fide reasons mentioned in the petition, time to deposit 25% of the compensation amount as directed by the 1st Appellate Court vide its order(s) dated 18.09.2024 and 20.11.2024 is extended further by 30 days. It is made clear that no further extension in this present shall be afforded to the present petitioner. 7. In view of the above, the petition is disposed of alongwith all pending applications, if any. (Bipin Chander Negi) Judge 10th January, 2025 (Shamsh Tabrez)