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Madhya Pradesh High Court · body

2022 DIGILAW 305 (MP)

Mukesh v. Amit

2022-02-22

ANIL VERMA

body2022
ORDER 1. With the consent of both the parties, matter is heard finally. 2. The petitioner has filed present petition under Article 227 of the Constitution of India to extend the time limit for final payment of compensation amount given in the impugned order dated 16/11/2017 and permit him to deposit the remaining amount in installments of Rs.20,000/- per month till the final realization of the compensation amount. 3. The facts of the case in brief are that complainant / respondent had filed a private complaint under Section 138 of the Negotiable Instruments Act, 1881 against the petitioner, wherein an application under Section 265(B) of the Cr.P.C. was filed by the accused. Thereafter, the trial Court held a plea bargaining meeting. As per the report of the meeting, the trial Court passed judgment dated 16/11/2017 and accused was sentenced with punishment of admonition. The trial Court has also ordered the accused person to pay compensation of Rs.10,00,000/-. 4. Learned counsel for the petitioner submits that due to COVID-19 Pandemic shop of the petitioner was closed and petitioners financial condition became worsen, so he could not make the payment of installments in time. However, he is still ready to pay the remaining installments. Therefore, the last date of final payment i.e. 01/02/2022 as stipulated in the impugned order is required to be extended in the interest of just. Hence, he prays that the time limit for final payment of compensation awarded be extended and petitioner may be permitted to deposit the remaining amount in installments. 5. Heard learned counsel for both the parties at length and perused all the relevant documents filed by the petitioner. 6. After perusal of the record it appears that as per the report of the plea bargaining meeting, the petitioner was agreed to pay the amount of Rs.10,00,000/- in 50 installments. Accordingly, first installment was commenced from 01/01/2018 and final installment was scheduled on 01/02/2022 but after lapse of 05 years the petitioner did not pay the aforesaid installments in due time. Counsel for the petitioner submits that petitioner has deposited Rs.2,50,000/- till now and he is ready to pay the remaining amount in installments. But counsel for the respondent objected about it. He prays that at this stage initially some lump sum amount should be paid then respondent will be agreed for the remaining installments. 7. Counsel for the petitioner submits that petitioner has deposited Rs.2,50,000/- till now and he is ready to pay the remaining amount in installments. But counsel for the respondent objected about it. He prays that at this stage initially some lump sum amount should be paid then respondent will be agreed for the remaining installments. 7. It is noteworthy that for last two years due to COVID-19 Pandemic all type of business and shops are badly affected throughout the country. 8. It is quite natural that business of the petitioner is also affected due to COVID-19 crisis and due to which he could not make the payment of installment on time. Therefore, it would be appropriate to be lenient on the humanitarian ground towards the petitioner in the interest of justice and extension of some time can be given to him. 9. Therefore, this petition is partly allowed and petitioner is directed to pay the amount of Rs.4,00,000/- (Rupees Four Lacs Only) in lump sum within a period of one month from today to the respondent and if the petitioner deposit the same amount, he will be permitted to deposit rest of the amount in installments of Rs.25,000/- per month till the final realization of the entire amount. If in future petitioner failed to deposit the above installments, the trial Court will be free to take appropriate coercive action against the petitioner for recovery of the said amount. 10. With the aforesaid, miscellaneous petition stands partly allowed. Certified copy as per rules.