Shailendra Singh Baghel vs Mahesh Sharma
2021 Latest Caselaw 6488 MP

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 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
                   M.Cr.C. No.49681 of 2021
          Shailendra Singh Baghel Vs. Mahesh Sharma

Indore, Dated:- 07/10/2021
      Petitioner - Shailendra Singh Baghel is present in person.

      Heard.

      This petition under Section 482 of the Cr.P.C. has been filed by

the petitioner against the order dated 12.8.2021 passed in Criminal

Appeal No.66 of 2021 whereby the learned Judge of the Lower

Appellate Court has directed the petitioner to deposit 20% of the

amount imposed against the petitioner in the Criminal Case No.2480

of 2018 dated 14.07.2021 whereby the Judicial Magistrate First Class,

Indore while finding the petitioner guilty of offence under Section

138 of Negotiable Instruments Act, 1881 has imposed a fine of

Rs.15,20,000/- and has directed the same to be paid to the respondent.

Against the aforesaid judgment of conviction, a Criminal Appeal

No.66 of 2021 has been preferred wherein the impugned order dated

12.8.2021 has been passed.

The petitioner, who is present in person, submits that he could

not arrange the aforesaid 20% of the amount which comes to Rs.3

lakhs within 60 days time on account of total lockdown for last

around more than one year and has sought further two months time to

deposit the same.

On due consideration of submissions and on perusal of the

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE M.Cr.C. No.49681 of 2021 Shailendra Singh Baghel Vs. Mahesh Sharma

record, this Court finds his prayer reasonable. Accordingly, the order

passed by the learned Lower Appellate Court on 12.8.2021 in

Criminal Appeal No.66 of 2021 is hereby modified to the extent that

in place of 60 days time as ordered by the Lower Appellate Court, it is

further extended upto 2 months from today, meaning thereby the

petitioner shall be allowed a further 60 days time to deposit the 20%

amount. All other conditions shall remain the same.

With the aforesaid, the petition stands disposed of.

(SUBODH ABHYANKAR) JUDGE Pankaj

Later on Although this Court was inclined to give sixty days time to the petitioner to deposit the amount, however, on perusal of Section 148 (2) of the Negotiable Instruments Act, 1881 (N.I. Act), it is found that only sixty days time can be provided; and thereafter, in addition thereto thirty days more time can be granted.

Due to the said legal position, the aforesaid order is hereby recalled. In view of the legal aspect of the matter, let the matter be listed tomorrow (08.10.2021) for arguments on the point of applilcability of Section 148 (2) of N.I. Act.

(SUBODH ABHYANKAR) JUDGE rcp

RAMESH CHANDRA PITHWE 2021.10.07 16:43:20 +05'30'