Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MMO No.403 of 2026
Date of Decision: 30.04.2026 __________________________________________________________________________ Miss Parvati Thakur
……...Petitioner Versus Smt. Devki Devi
…....Respondent Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? __________________________________________________________________________ For the Petitioner: Mr. Bharat Bhushan, Mr. Jagat Pal and Ms. Parul, Advocates. For the Respondent: None. _________________________________________________________________________________ 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 22.04.2026, whereby an application for extension of time to deposit 20% of the compensation amount, in terms of order dated 23.01.2026 passed by the learned Sessions Judge, Kullu, District Kullu, came to be dismissed.
2. Having regard to the nature of dispute and order proposed to be passed, this Court sees no reason to issue notice to respondent and as such, same is dispensed with.
3. Petitioner herein, being aggrieved and dissatisfied with the
judgment of conviction and order of sentence dated 19.12.2023 passed by the learned trial Court, filed appeal in the Court of learned Sessions Judge,
2 Kullu, District Kullu, along with application for suspension of sentence. Afore application filed by the petitioner came to be allowed vide order dated 23.01.2026, subject to his depositing 20% of the compensation amount, but fact remains that despite repeated opportunities, afore order never came to be complied with. Prior to filing the application, which is subject matter of the case, petitioner-accused had also filed application for extension of time to comply with the order dated 23.01.2026. Though afore application was allowed vide order dated 23.03.2026 and time was extended up till 23.04.2026, but yet petitioner failed to comply with the
order dated 23.01.2026 and thereafter, filed Cr.MP No.132 of 2026, praying therein for further extension of time, which came to be rejected by the learned Sessions Judge, Kullu, 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 22.04.2026 and grant one opportunity to deposit the amount in terms of
order dated 23.01.2026.
4. Though having carefully perused averments contained in the petition, vis-a-vis reasoning assigned in the order dated 22.04.2026, 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 23.01.2026, 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 the direction to petitioner to deposit 20% of the compensation amount in terms of order dated 23.01.2026 passed by the learned Sessions Judge, Kullu, 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. ` The present petition is disposed in the above terms, so also the pending miscellaneous application(s), if any. April 30, 2026 (Sandeep Sharma), Rajeev Raturi Judge