Alka Tulapurkar (Mrs. ) W/o. Ravindra Tulapurkar v. Mohammad Sharif
2010-04-29
I.S.SHRIVASTAVA, N.K.MODY
body2010
DigiLaw.ai
ORDER N.K. Mody, J. 1. Being aggrieved by the order dated 20/4/2010 passed by JMFC, Indore in case No. 1/2010 whereby the application filed by the respondent No. 1 was allowed and it was directed that petitioner be sent to jail, the present petition has been filed. 2. Short facts of the case are that petitioner was prosecuted by the respondent No. 1 under section of Negotiable Instruments Act on account of default in payment of cheque of Rs. 75,000/- issued by the petitioner in favour of respondent No. 1. In plea bargaining u/s 265(b) Cr.P.C., parties agreed to settle the dispute and vide order dated 10/7/2005 it was agreed that petitioner shall pay a sum of Rs. 90,000/- on or before 25/1/2010. Since the petitioner failed to comply with the order, therefore an application was filed by the respondent No. 1. Upon that application, learned court directed that the petitioner be sent to jail, against which the present petition has been filed. 3. Learned counsel for petitioner submits that petitioner is a working woman. Petitioner was not well from 22/1/09 to 5/2/2010 and was on leave from her duty. It is submitted that petitioner could not fulfill her commitment because of financial crisis. However, petitioner has deposited a sum of Rs. 10,000/- on 2/2/2010 and Rs. 20,000/- on 19/4/2010. It is submitted that husband of the petitioner is in job and he is going to get Rs. 10,000/- shortly. It is submitted that in the interest of justice, petitioner be given some more time to comply with the judgment dated 10/7/2005 which was passed upon plea bargaining. 4. After taking into consideration all the facts and circumstances of the case, the petition is disposed of with a short direction that petitioner shall move a fresh application and deposit a sum of Rs. 15,000/- along with application, praying that time be given to the petitioner for depositing the amount. If such an application is filed, then after taking into consideration all the facts and circumstances of the case and also after giving an opportunity of hearing to the respondent No. 1, learned court below shall decide the same sympathetically. Till then, operation of the order dated 20/4/2010 shall remain stayed. C.C. as per rules.