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2020 DIGILAW 714 (RAJ)

Saga Automative India Pvt. Ltd. v. Harmeet Singh Anand

2020-12-02

MANOJ KUMAR VYAS

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JUDGMENT : Manoj Kumar Vyas, J. 1. Heard learned counsel for both the parties. 2. It has been submitted by learned counsel for the petitioners that learned Special Judicial Magistrate vide order dated 11.12.2019 has convicted the petitioners under Section 138 of Negotiable Instruments Act and sentenced him for two years simple imprisonment and fine/compensation of Rs. 80,00,000/- under the provisions of Section 357(3) of Cr.P.C. Aggrieved by the judgment and conviction dated 11.12.2019, the petitioners preferred regular criminal appeal before learned District and Sessions Judge, Kota, which was transferred to learned Special Judge for final adjudication. 3. Learned Appellate Court vide order dated 09.01.2020 ordered that the petitioners in terms of Section 148 of N.I. Act will submit/deposit 20% amount of the compensation awarded by the learned Court below (16,00,000/-) within 60 days from the passing of the order. 4. It has been submitted that due to lockdown and economic hardship 20% part of compensation could not be deposited as per the order within the prescribed time, hence, it is prayed that this order may be modified and either the amount may be reduced by 50% or extra time be allowed to the petitioners to deposit the entire amount as directed by the Appellate Court. 5. Learned counsel for the respondent has opposed the petition and submits that petitioners have failed to comply with the order of the Appellate Court, hence the petition be dismissed. 6. Perused the impugned order dated 09.01.2020. The Appellate Court directed the petitioner to deposit Rs. 16,00,000/- in the trial court within 60 days for suspension of sentence. This direction has been passed in accordance with 148 of N.I. Act. Petitioners have failed to comply with the directions. There is no sufficient reason for non-compliance of the order of Appellate Court dated 09.01.2020. 7. In view of the above facts and circumstances of the case, the petition is dismissed, as devoid of any merit.