IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No.66/2025 Date of Decision: 15th January, 2025. Rahul Huddone .....Petitioner Versus Jagdish Sirkek …..Respondent. Coram The Hon’ble Mr. Justice Bipin Chander Negi, Vacation Judge. Whether approved for reporting?1 For the Petitioner: Mr. B.N. Sharma, Advocate. For the Respondent: Nemo. Bipin Chander Negi, Vacation Judge (oral). Heard counsel for the petitioner. Perused the record appended along with the present petition. 2. Vide judgment dated 26.07.2024, passed in case Registration No.8/16 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 Sessions Judge, Kinnaur at Rampur, District Shimla H.P. The matter was listed before the Appellate Court on 28.08.2024. 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 Rs.50,000/- and depositing 10% of the compensation amount with the trial Court within a period of one month from 28.08.2024. 3. Admittedly, in the case at hand, within one month of passing of the order dated 28.08.2024, by the 1st Appellate 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 Court, 10% 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 10% of the compensation amount in terms of order dated 28.08.2024, whereby sentence imposed by the trial Court had been suspended, subject to deposit of the 10% of the compensation amount. The aforesaid application came up before the Appellate Court on 30.09.2024. The application was allowed and time for furnishing 10% of the compensation amount was further extended, in the case at hand, by the 1st Appellate Court on 30.09.2024, by one month from 30.09.2024. During the extended time also, the petitioner was unable to deposit 10% of the compensation amount. 4. Yet another application was filed seeking extension of time for depositing 10% of the compensation amount in terms of order dated 28.08.2024. The same came up before the Court on 08.11.2024. Time was extended to do the needful till 07.12.2024. 5. Even during the extended time, the requisite amount was not deposited. Therefore, another application seeking extension of time to comply with order dated 28.08.2024 was filed and listed before the Court on 11.12.2024. Herein again time was extended till 10.01.2025. As usual there was a 3 default on part of the petitioner in complying with the order dated 11.12.2024. 6. The power of the Appellate Court in the case at hand directing the present petitioner to deposit 10% of the compensation amount before the Appellate Court comes from Section 148. 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 showing sufficient cause for depositing 10% 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. 7. In the aforesaid, time to deposit could have only been extended by the First Appellate Court till 28.11.2024. Extension of time, in the case at hand, beyond 28.11.2024 is without jurisdiction, therefore, order dated 11.12.2024, is without jurisdiction. 8. 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 10% of the compensation amount as directed by the 1st appellate Court vide its order(s) dated 28.08.2024, 4 30.09.2024 and 08.11.2024 is extended further by 60 days. It is made clear that no further extension in this present shall be afforded to the present petitioner. 9. The petition stands disposed of in the above terms, so also the pending application(s), if any. (Bipin Chander Negi) Vacation Judge 15th January, 2025 (Gaurav Rawat)