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2026 DAILYLAW 8143 (HP)

PREM KUMAR v. KANGRA CENTRAL CO-OPERATIVE BANK KATRAIN

CRMMO/452/2026 · 2026-05-15

Sandeep Sharma

body2026

Judgment text

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2026:HHC:17330 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MMO No.452 of 2026 Date of Decision: 15.05.2026 ____________________________________________________________ Prem Kumar ……...Petitioner Versus Kangra Central Co-operative Bank …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? ________________________________________________________________ For the Petitioner: Mr. Maan Singh, Advocate. For the Respondent: Mr. Kshitij Thakur, Advocate. ___________________________________________________________________ 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 25.04.2026, whereby an application for extension of time to deposit 20% of the compensation amount, in terms of order dated 16.10.2025 passed by the learned Additional 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 respondents, who are otherwise represented by Mr. Kshitij Thakur, Advocate. 3. Petitioner herein, being aggrieved and dissatisfied with the judgment of conviction and order of sentence dated 25.09.2025/26.09.2025 2 2026:HHC:17330 passed by the learned trial Court, filed appeal in the Court of learned Additional Sessions Judge, Kullu, District Kullu, along with application for suspension of sentence. Afore application filed by the petitioner came to be allowed vide order dated 16.10.2025, 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 16.10.2025. Though afore application was allowed vide order dated 11.12.2025 and time was extended till 15.01.2026, but yet petitioner failed to comply with the order dated 16.10.2025 and thereafter, filed another application for further extension of time, which came to be rejected by the learned Additional Sessions Judge, Kullu, District Kullu, vide order dated 25.04.2026, 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 25.04.2026 and grant one opportunity to deposit the amount in terms of order dated 16.10.2025. 4. Though having carefully perused averments contained in the petition, vis-a-vis reasoning assigned in the order dated 25.04.2026, this Court sees no illegality and infirmity in the same, however, having taken note 3 2026:HHC:17330 of statement made by learned counsel representing the petitioner that in any eventuality, 20% of the compensation amount, in terms of order dated 16.10.2025, shall be deposited within a period of six 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 16.10.2025 passed by the learned Additional Sessions Judge, Kullu, District Kullu, within a period of six 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. May 15, 2026 (Sandeep Sharma), (shankar) Judge