SPLA/44/2022
2022 Latest Caselaw 3106 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                       COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  SPLA No. 44 of 2022
                                  With
                                  CRLA No. 107 of 2022
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Zakir Ali, Advocate, on behalf of Mr. Mohd. Alauddin, Advocate, for the appellant.

Mr. V.S. Rathore, A.G.A, for the State of Uttarakhand.

In fact, the appellant, who had preferred this Criminal Appeal, as against the judgment of acquittal, resulting into rejection of his application under Section 138 of the N.I. Act, had instituted the same before the Registry of this Court on 11th April, 2022. There was a defect reported by the Registry, with regard to the deficiency in the payment of the Court fees, which was required to be satisfied by the appellant.

The ordersheet reflects, that as many as nine opportunities, have been granted by the Registry to cure the defect. But the appellant has not availed it.

It shows that, apart from the fact that, the appellant is not diligent in contesting the proceedings. It also seems that he is not even interested to pursue the Criminal Appeal, because a meagre amount of Court fee of Rs.10/ has not even been paid till date since 11.04.2022, now almost for over 5-1/2 months.

Hence, this Court declines to extent the time prayed for removal of the defects, as pointed out by the Registry and owing to the defect of the court fee, the Special Leave to Appeal stands dismissed. Consequently, the Appeal too would stand dismissed.

As a result, the Criminal Appeal too stands dismissed, due to non removal of defect of deficiency of Court fee, despite nine opportunities.

(Sharad Kumar Sharma, J.) Dated 23.09.2022 Shiv