1 ( 2026:HHC:1071 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MMO No.07 of 2026 Date of Decision: 05.01.2026 Dalip Singh Thakur …Petitioner Versus Mahinder Singh …..Respondent Coram: The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the Petitioner : Petitioner in person with Mr. Udit Shaurya Kaushik, Advocate. For the Respondents : None. Virender Singh, Judge (Oral) By way of the present petition, which has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the B.N.S.S.’), indulgence of this Court has been sought to extend the time to comply with the order dated 16.07.2025, passed by the Court of learned Additional Sessions Judge(II), Shimla, H.P., Camp at Theog, (hereinafter referred to as Appellate Court). 2. As per the stand taken in the petition, petitioner- Dalip Singh Thakur had preferred the appeal against the judgment of conviction and order of sentence dated 19.06.2025, passed by the Court of learned Judicial 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 ( 2026:HHC:1071 ) Magistrate First Class, Chopal, District Shimla, H.P., (hereinafter referred to as trial Court), by virtue of which, the petitioner has been convicted and sentenced for the offence punishable under Section 138 of the N.I. Act. 3. The learned Appellate Court, while suspending the order of sentence has directed the petitioner to deposit 20% of the amount of compensation and to furnish bail bond in the sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the learned trial Court, within a period of 30 days. 4. Admittedly, the said order has not been complied with, by the petitioner within the stipulated time, as such, he had moved the application, before the learned Appellate Court on 13.08.2025 and the time to comply with the said order has been extended by one month. 5. Thereafter, the petitioner again moved the application on 16.09.2025 and time to comply with the order dated 16.07.2025 has been extended by one month. As per the stand taken in the petition, due to the financial constraint, the said order could not be complied with. 3 ( 2026:HHC:1071 ) 6. Now, the petitioner is before this Court, by way of of petition filed under Section 528 of BNSS. The learned counsel appearing for the petitioner has contended that the learned trial Court, in view of the bar, as created, under Section 148(2) of the N.I. Act, cannot extend the time beyond 90 days, as such, a prayer has been made to extend the time to comply with the order. 7. Considering the factual position, along with the stand taken by the petitioner, the prayer as made in the petition is allowed. Let the order dated 16.07.2025 passed by the learned trial Court, be complied with, within a period of four weeks, from today. 8. The present petition is allowed in the aforesaid terms. Pending miscellaneous application(s), if any, also stands disposed of. 9. Copy of this order be sent to the learned Appellate Court, as well as, the learned trial Court. (Virender Singh) Judge January 05, 2026 (subhash)