High CourtsSingle Bench(2020) 09 MP CK 0006

Dashrath Patidar vs Ishwarlal Patidar

Madhya Pradesh High Court · Decided on 2 September 2020

HON’BLE JUDGES
Virender Singh, J
RESULT
Disposed Of
CASE NUMBER
Criminal Revision No. 1875 Of 2020

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Judgment

6 paragraphs · 261 words
1.

This is a revision petition against order dated 25.06.2020 whereby the Revision Court has refused to extend the time to deposit 20% amount of the compensation.

2.

According to the fact, the petitioner was convicted under Section 138 of Negotiable Instruments Act, 1881 vide judgment dated 29.02.2020 passed in S.C.NIA Act No.902725 of 2012 by Chief Judicial Magistrate, Ratlam. He is directed to pay compensation of Rs.15 lakhs. Against this judgment and order, the petitioner preferred an appeal. Vide order dated 21.03.2020 passed by the Sessions Judge, Ratlam his appeal was admitted for final hearing, subject to deposit 20% of the compensation awarded, but due to Covid-19 induced lockdown, he could not comply with the order. Twice he approached the Sessions Court for extension of time. Time was granted, but when he approached again for further extension of time, the Sessions Court refused to accede his prayer, therefore, the present revision petition has been filed.

3.

After argument, the learned Counsel prayed that if only 20 days further time is granted, he will certainly deposit the compensation as directed by the Sessions/ Appellate Court.

4.

On due consideration of facts and circumstances of the case, in the interest of justice, prayer is allowed. 20 days time from today is granted to the petitioner to deposit the compensation as directed vide order dated 21.03.2020. Otherwise, the Sessions Court shall be free to pass an appropriate order, in accordance with law.

5.

In the meanwhile, operation of the arrest warrant shall remain stayed.

6.

With the aforesaid, present petition stands disposed of.