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Madhya Pradesh High Court · body

2020 DIGILAW 45 (MP)

Brij Bhushan Dubey v. Irshad Khan

2020-01-08

S.A.DHARMADHIKARI

body2020
JUDGMENT 1. Heard. 2. In this petition under section 482 of Cr.P.C. the petitioner is aggrieved by the order dated 15.11.2019 passed by the Seventh Additional Sessions Judge, Guna in Criminal Appeal No.263/2019, whereby the application for extension of time to deposit the fine amount has been rejected. 3. Learned counsel for the petitioner submits that the Trial Court has found the petitioner guilty and has imposed fine of Rs.5,86,000/- with six months simple imprisonment and in default thereof three months simple imprisonment. 4. Being aggrieved, the appeal was filed under section 389 of Cr.P.C. The Lower Appellate Court allowed the application with the condition to deposit 20% of the total fine amount i.e. Rs.1,17,000/- on or before 15.11.2019. Though the petitioner was released on bail, but he could not arrange the said amount and failed to deposit 1,17,000/- before the Trial Court, therefore, he moved an application on the same date seeking extension of time for depositing the fine amount. 5. The Lower Appellate Court vide order dated 15.11.2019 rejected the application on the ground that since there is bar under section 362 of Cr.P.C. the order cannot be reviewed by the Criminal Court. 6. Learned counsel for the petitioner contended that the petitioner is a old senior citizen and is dependent on his pension, therefore, he could not arrange the money within the time prescribed, however, he is ready to deposit the fine amount within 15 days from today. In the interest of justice, 15 days time may be granted to deposit the amount. 7. Taking into consideration the facts and circumstances of the case, the petitioner is directed to deposit the entire amount of Rs.1,17,000/- within 15 days from today before the Trial Court, positively. 8. It is made clear that no further application for extension of time shall be entertained. 9. With the aforesaid modification, this petition stands finally disposed of. Certified copy as per rules.