IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MMO No.525 of 2026 Date of Decision: 26.05.2026 __________________________________________________________________________ Anil Kumar ……...Petitioner Versus Giaru Ram Chauhan …....Respondent Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? __________________________________________________________________________ For the Petitioner: Mr. Madan Gopal, Advocate. For the Respondent: Nemo. _________________________________________________________________________________ Sandeep Sharma, J. (Oral) Petitioner herein, who is accused in proceedings initiated against him under Section 138 of the Negotiable Instruments Act, is aggrieved of order dated 20.05.2026, whereby an application for extension of time to deposit 20% of the compensation amount, in terms of order dated 29.12.2025 passed by the learned Additional Sessions Judge, Paonta Sahib, District Sirmaur, came to be dismissed. 2. Having regard to the nature of dispute and order proposed to be passed in the instant proceedings, this Court sees no necessity to issue notice to the respondent, as such, same is dispensed with. 3. Petitioner herein, being aggrieved and dissatisfied with the judgment of conviction and order of sentence dated 29.11.2025 passed by the learned Additional Chief Judicial Magistrate, Court No.1, Paonta Sahib, 2 District Sirmaur, Himachal Pradesh, filed appeal in the Court of learned Additional Sessions Judge, Paonta Sahib, District Sirmaur, along with application for suspension of sentence. Afore application filed by the petitioner came to be allowed vide order dated 29.12.2025, subject to his depositing 20% of the compensation amount and furnishing personal bonds in the sum of Rs.30,000/- with one surety in the like amount, but fact remains that despite repeated opportunities, afore order never came to be complied with. Since time granted to the petitioner to deposit 20% of the compensation amount and furnish bail bonds came to an end on 28.02.2026 and thereafter, filed application for extension of time after a lapse of more than 5½ months, learned Additional Sessions Judge dismissed the afore application vide order dated 22.05.2026, as he had no power to extend the time beyond 90 days. In afore background, petitioner has approached this Court in the instant proceedings filed under Section 528 of Bharatiya Nagrik Suraksha Sanhita, 2023, praying therein to set aside aforesaid order dated 20.05.2026 and grant one opportunity to deposit the amount in terms of order dated 29.12.2025. 4. Though having carefully perused averments contained in the petition, vis-a-vis reasoning assigned in the order dated 20.05.2026, this Court sees no illegality and infirmity in the same, however, having taken note of statement made by learned counsel representing the petitioner that in any eventuality, 20% of the compensation amount, in terms of order 3 dated 29.12.2025, shall be deposited within a period of two weeks, this Court, without going into the merits of the case, deems it fit to dispose of the present petition with a direction to the petitioner to deposit 20% of the compensation amount in terms of order dated 29.12.2025 passed by the learned Additional Sessions Judge, Paonta Sahib, District Sirmaur, within a period of two weeks, failing which no more opportunity shall be granted by the Court below for depositing 20% of the compensation amount as well as furnishing bail bonds and thereafter, respondent would be at liberty to get the judgment of learned trial Court executed in accordance with law. Ordered accordingly. Since the accused is behind bars, Registry is directed to prepare the release warrants and send the same to the concerned Superintendent of Jail, forthwith, enabling the aforesaid authority to release the accused immediately, subject to verification that he is not required in any other case. The present petition is disposed in the above terms, so also the pending miscellaneous application(s), if any. May 26, 2026 (Sandeep Sharma), sunil Judge SUNIL KUMAR Digitally signed by SUNIL KUMAR Date: 2026.05.27 17:34:34 +0530